A conviction under the Sexual Offences Act 2003 s.9 could not be substituted for a conviction under the Sexual Offences Act 1956 s.14(1), as the indictment based on the 1956 Act could not be said to expressly or impliedly include an allegation of an offence under s.9 of the 2003 Act.
ALTERNATIVE OFFENCES CHILD SEX OFFENCES CRIMINAL APPEAL ACT 1968 s.3 CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION DEFECTS GROSS INDECENCY INDECENT ASSAULT INDICTMENT DID NOT EXPRESSLY OR IMPLIEDLY INCLUDE ALLEGATION OF OFFENCE UNDER NEW ACT INDICTMENT REFERRING TO REPEALED ACT INDICTMENTS JURY DIRECTIONS s.41 s.41(2) s.41(3) s.41(4) SEXUAL BEHAVIOUR SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES ACT 2003 s.9 SUBSTITUTION OF CONVICTION UNDER NEW ACT YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41(1)
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