Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 46: Arranging or facilitating commission of a child sex offence
Section 14 of the 2003 Act provides for the preparatory offence of arranging or facilitating the commission of a child sexual offence. It effectively criminalises acts preparatory to the substantive offences provided for in sections 9 to 13 of the 2003 Act (including the offences of sexual activity with a child and inciting a child to engage in such activity). Subsection (2) of section 46 extends the section 14 offence so that it also covers acts preparatory to the offences in sections 5 to 8 of the 2003 Act, namely rape of a child under 13, assault of a child under 13 by penetration, sexual assault of a child under 13, and causing or inciting a child under 13 to engage in sexual activity.
	Subsection (3) amends the maximum penalty for the section 14 offence, currently 14 years’ imprisonment on conviction on indictment. The effect of the amendment is that the maximum penalty will be aligned with that for the substantive offence in respect of which the section 14 offence of arranging or facilitating has been committed. For example, if an individual arranges or facilitates the rape of a child under 13 (section 5 of the 2003 Act), the maximum penalty for the section 14 offence would be life imprisonment to match that for the section 5 offence.