Legal Update - 29 September 2026
The Crime and Policing Act 2026 received Royal Assent on 29 April 2026. Further sections of the Crime and Policing Act 2026 have been commenced on 29 September 2026 by SI 2026/960.
Sexual Offences Act 2003
Exposure
Section 66 of the Sexual Offences Act 2003 providing for the offence of exposure is substituted with a new legislative wording.
Before 29 September 2026, the offence only captured those who intentionally exposed their genitals to cause those who may see them alarm or distress. However, the remit of the offence has now been expanded to also capture persons who expose their genitals with the intent to cause humiliation to those who may see them, or those who do so for the purposes of obtaining sexual gratification while being reckless as to whether someone who sees them will be caused alarm, distress or humiliation.
A new defence is provided in subsection (1A) excluding certain cases from the scope of the ‘sexual gratification’ limb at new subsection (1)(b). It ensures that where a person exposes their genitals to a particular person or persons for the purpose of obtaining sexual gratification, they do not commit the offence unless they are reckless as to whether that particular person or one of those particular persons is caused alarm, distress or humiliation. For example, where the exposure is carried out between a consenting couple in a secluded area, but another individual accidentally witnesses the behaviour, this would be excluded from the offence.
H5816 has been end dated and replaced with two offences: H102885 and H102886.
Sexual activity with an animal
Section 69 of the Sexual Offences Act 2003, previously providing for the offence of intercourse with an animal is replaced with a new offence of sexual activity with an animal. The change is enacted to ensure that a wider range of animal sexual abuse is criminalised, including sexual touching of an animal, whether or not the animal is living or not.
Offences H5821 / H5822 / H5823 are end dated and replaced with H102802.
Sexual activity with a corpse
Section 70 of the Sexual Offences Act 2003, previously providing for the offence of sexual penetration of a corpse is replaced with a new wider offence of sexual activity with a corpse. Offence H5824 is end dated and replaced with H102803 (sexual activity – no penetration) / H102804 (sexual activity – penetration).
Extradition Act 2003
Section 246 of the Crime and Policing Act 2026 has amended sections 20 (for EU member states) and 85 (for non-EU member states) of the Extradition Act 2003, however the previous version of section 20 for post-conviction extradition cases arising from an arrest under section 3 or 5 of the 2003 Act made before 29 September 2026 has been preserved.
The amendments allow the UK court to proceed with an extradition hearing where the requested person has a right to a retrial, or a review equivalent to a retrial, unless a court in the requesting state has found that the person deliberately absented themselves. The provisions also cover cases where the right to a retrial was expressly waived or was not exercised after the person was informed of it.
In addition, a person who was legally represented at trial, despite not being physically present, is treated as having been convicted in their presence. The nature of the representation, the trial process, and any available remedy under the requesting state's law must still be carefully considered.
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