Part 5: Virginity Testing and Hymenoplasty Offences Consequential Amendments Section 160: Consequential amendments relating to Part 5 Schedule 16: Virginity testing and hymenoplasty: consequential amendments
The new offences for England and Wales are inserted into section 65A of the Police and Criminal Evidence Act 1984 and the offences for Northern Ireland are inserted into Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 by paragraphs 1 and 2 of this Schedule. Additional powers, such as in relation to taking and retaining samples such as fingerprints and DNA, are available for investigations into the offences listed in these provisions.  A similar amendment is made in relation to Scotland, by adding the Scottish offences to section 19A of the Criminal Procedure (Scotland) Act 1995 (paragraph 5 of this Schedule). Paragraph 3 also inserts the new offences at paragraph 25A (England and Wales), 43A (Scotland) and 68 (Northern Ireland) of Schedule 7A to the Criminal Justice and Public Order Act 1994. This section lists the offences for which cross-border powers of arrest are available.
	The new offences for England and Wales are inserted into section 51C of the Crime and Disorder Act 1998 (paragraph 7 of the Schedule). This would enable virginity testing and hymenoplasty cases involving children to be taken over and proceeded with without delay by the Crown Court where the Director of Public Prosecutions gives a notice. An amendment concerning procedural matters for the new offences is made in relation to Scotland by adding the Scottish offences to section 271BZA of the Criminal Procedure (Scotland) Act 1995 (paragraph 6 of this Schedule). This would enable evidence to be given in advance by children in solemn cases.
An amendment is made in relation to Scotland by adding the Scottish offences to Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (paragraph 8 of this Schedule). This amendment relates to vetting and barring of individuals who work with children and vulnerable adults, and is temporary, pending the repeal of the relevant provisions by the Disclosure (Scotland) Act 2020.
	The new offences for England and Wales are also inserted into Schedule 4 to the Modern Slavery Act 2015 (paragraph 9 of the Schedule) meaning that a victim of trafficking or exploitation will not have the automatic defence in section 36B of the 2015 Act in relation to a virginity testing or hymenoplasty offence.