NIE Part 4:
Sexual Offences
Part 4 of the police NIE syllabus is the Sexual Offences Act 2003 and the related image, prostitution and anonymity legislation. It is detailed law with precise age bands, mental elements and presumptions, and questions tend to turn on one of them. This page sets out the structure of the Act, consent and the presumptions, the child offences by age, positions of trust, the image and voyeurism offences, and the law that has changed since the 2026 Manual was published, followed by five original worked questions.
Independent information, not advice · Sources checked 11 October 2026 · England and Wales unless stated
Know the four non-consent offences (ss.1 to 4) and their elements, the s.74 definition of consent, the six s.75 evidential presumptions and the two s.76 conclusive presumptions, the meaning of sexual and touching, the child offences by age band (under 13, under 16 with an adult offender, under-18 offenders, under 18), grooming and sexual communication, position of trust including sport and religion, familial offences, indecent images, the preparatory and prostitution offences, and exposure, voyeurism, upskirting and the Online Safety Act 2023 image offences. In September 2026 Part 4 supplied 10 of the 70 scored questions. Statute text was checked on legislation.gov.uk on 11 October 2026.
Part 4 at a glance
Part 4 of Blackstone's Police Investigators' Manual is "Sexual offences". The College's 2026 handbook lists eight chapters for it in Appendix A. The NIE is 80 questions in two hours, scored on 70, and the College says the questions are drawn solely from the 2026 Manual. This page is written in a plain, technical register because that is how the exam treats the material: as elements to be applied to facts.
| Chapter | What it covers |
|---|---|
| 4.1 Sexual offences | Introduction and complainant anonymity (Sexual Offences (Amendment) Act 1992) |
| 4.2 Rape | Section 1, consent (s.74), conditional consent, the s.75 evidential and s.76 conclusive presumptions |
| 4.3 Sexual assault | Assault by penetration (s.2), the meaning of sexual (s.78) and touching (s.79), sexual assault (s.3), causing sexual activity without consent (s.4), offences against children under 13 (ss.5 to 8) |
| 4.4 Offences against children | Sections 9 to 15A, position of trust (ss.16 to 24), familial offences (ss.25 to 29), indecent images, sexual exploitation, paedophile manuals, offences outside the UK |
| 4.5 Mental disorder | Sections 30 to 33: the 'mental disorder impeding choice' offences |
| 4.6 Preparatory offences | Administering a substance (s.61), committing an offence with intent (s.62), trespass with intent (s.63) |
| 4.7 Prostitution | Definition (s.54), causing, inciting or controlling for gain (ss.52 and 53), paying for services of a prostitute subjected to force (s.53A), brothels and disorderly houses, soliciting (s.51A) |
| 4.8 Other sexual offences | Exposure (s.66), sending images of genitals (s.66A), sharing or threatening to share intimate images (s.66B), voyeurism (ss.67 and 67A), outraging public decency, sexual activity in a public lavatory (s.71) |
The College's subject area breakdown for September 2026 shows 10 scored questions from sexual offences out of 70, and 1 more removed at marking. The College says the breakdown is valid only for that sitting. Part 4 has the fewest chapters of the four parts, so it gives a good return on revision time for the number of questions it supplies.
How the Sexual Offences Act 2003 is built
Part 1 of the Act is organised in layers, and seeing the layers makes the offences easier to hold in your head:
- Non-consensual offences against anyone (ss.1 to 4). Consent and reasonable belief in consent are elements, and the presumptions in ss.75 and 76 apply.
- Offences against children under 13 (ss.5 to 8). The same physical acts, but consent is irrelevant and the offences are stated without any belief about age.
- Child sex offences (ss.9 to 15A). Activity with or towards under-16s by adults, the under-18 offender version, arranging, grooming and sexual communication.
- Relationship offences (ss.16 to 29). Position of trust and familial offences protecting under-18s.
- Mental disorder (ss.30 to 44). The 'impeding choice' offences, then inducements, threats and deception, then care workers. The syllabus lists ss.30 to 33.
- Exploitation and prostitution (ss.47 to 54).
- Preparatory and other offences (ss.61 to 71). Including exposure, image offences and voyeurism.
- Interpretation (ss.74 to 79). Consent, presumptions, sexual, and general definitions.
Many offences use "A" for the defendant and "B" for the other person. Where an exam option swaps a required age (for example "A aged 18 or over") or a mental element, the stem is usually testing that detail.
Anonymity (4.1.2)
Under s.1 of the Sexual Offences (Amendment) Act 1992, once an allegation of a covered offence is made, nothing likely to lead members of the public to identify the complainant may be included in any publication during that person's lifetime. The Act lists the matters this includes: name, address, school, workplace and any still or moving picture (s.1(3A)). Section 2 sets out the offences covered: these include Part 1 Sexual Offences Act 2003 offences, except ss.64, 65, 69 and 71.
Rape, assault by penetration, sexual assault and section 4
| Offence | Section | Elements | Maximum |
|---|---|---|---|
| Rape | s.1 | A intentionally penetrates the vagina, anus or mouth of B with his penis; B does not consent; A does not reasonably believe B consents | Life |
| Assault by penetration | s.2 | A intentionally penetrates the vagina or anus of B with a part of his body or anything else; the penetration is sexual; no consent; no reasonable belief | Life |
| Sexual assault | s.3 | A intentionally touches B; the touching is sexual; no consent; no reasonable belief | Ten years |
| Causing sexual activity without consent | s.4 | A intentionally causes B to engage in an activity; it is sexual; no consent; no reasonable belief | Life if penetration of the kinds in s.4(4); otherwise ten years |
- Reasonable belief. In each of ss.1 to 4, whether a belief is reasonable is decided having regard to all the circumstances, including any steps A has taken to ascertain whether B consents (subsection (2) of each section).
- Rape requires a penis. The defendant must penetrate with his penis. A woman cannot commit rape as a principal, but can commit ss.2 to 4 and be a secondary party.
- Assault by penetration covers penetration of the vagina or anus (not the mouth) with any part of the body or anything else, and requires the penetration to be sexual.
- Section 4 covers causing B to engage in sexual activity, for example forcing B to penetrate someone or to perform an act on himself. Its maximum depends on whether penetration of the kinds listed in s.4(4) was involved.
Consent: section 74 and conditional consent
Section 74: "a person consents if he agrees by choice, and has the freedom and capacity to make that choice." Three ideas sit in that sentence: agreement, freedom and capacity.
- Capacity and intoxication. The CPS guidance cites R v Bree [2007] EWCA Crim 804: a drunken consent is still consent, but capacity may evaporate well before a complainant becomes unconscious. It also cites R v Hysa: consent and capacity are normally for the jury.
- Choice and conditions. The CPS guidance groups Assange v Swedish Prosecution Authority [2011], R (F) v DPP [2013] and R v McNally [2013] as cases where apparent consent was not true consent, because of a material deception or because a condition the complainant placed on consent was not complied with. Syllabus 4.2.4 is titled "Conditional consent".
- Which deceptions count. The CPS summarises R v Lawrance [2020] EWCA Crim 971: a deception can vitiate consent only if it is closely connected to the nature or purpose of the act, interpreted narrowly as relating to the physical performance of the act. A lie about wearing a condom can qualify; a lie about fertility does not.
Work in order. First, does s.76 apply (nature or purpose deception, or impersonation)? If so, consent and belief are conclusively presumed absent. If not, does s.75 apply (a listed circumstance that A knew of)? If so, it is presumed unless sufficient evidence raises an issue. If neither, apply s.74 directly, and then ask whether A's belief in consent was reasonable in all the circumstances.
Sections 75 and 76: the presumptions
Section 75: evidential presumptions
If the prosecution proves that the defendant did the relevant act, that one of the circumstances below existed, and that the defendant knew it existed, then the complainant is taken not to have consented unless sufficient evidence is adduced to raise an issue about consent, and the defendant is taken not to have reasonably believed in consent unless sufficient evidence is adduced to raise an issue about that (s.75(1)).
| Para | Circumstance |
|---|---|
| (a) | Any person was, at the time of the act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him |
| (b) | Any person was, at that time, causing the complainant to fear that violence was being used, or immediate violence would be used, against another person |
| (c) | The complainant was, and the defendant was not, unlawfully detained at the time of the act |
| (d) | The complainant was asleep or otherwise unconscious at the time of the act |
| (e) | Because of physical disability, the complainant would not have been able at the time to communicate to the defendant whether he consented |
| (f) | Any person had administered to, or caused to be taken by, the complainant without consent a substance capable of causing or enabling the complainant to be stupefied or overpowered at the time of the act |
For (a) and (b), "immediately before it began" means, for a continuous series of sexual activities, immediately before the first one began (s.75(3)). Note what is required: proof of the circumstance and of the defendant's knowledge of it. A complainant drugged by someone else, without the defendant knowing, does not bring s.75 into play against him.
Section 76: conclusive presumptions
If the defendant did the relevant act and either (a) he intentionally deceived the complainant as to the nature or purpose of the act, or (b) he intentionally induced the complainant to consent by impersonating a person known personally to the complainant, it is conclusively presumed that the complainant did not consent and that the defendant did not believe the complainant consented (s.76). The CPS guidance cites R v Jheeta [2007] EWCA Crim 1699: deceiving and pressuring a complainant into having intercourse more often did not engage s.76, because there was no deception as to its nature or purpose.
Both sections apply only to offences under ss.1 to 4 (s.77).
Sexual, touching and penetration
- Sexual (s.78). Penetration, touching or any other activity is sexual if a reasonable person would consider that (a) whatever its circumstances or any person's purpose, it is sexual by its nature, or (b) by its nature it may be sexual and because of its circumstances or someone's purpose (or both) it is sexual. Section 78 does not apply to ss.15A, 66B to 66D, 69 and 71, which have their own tests.
- Touching (s.79(8)). With any part of the body, with anything else, and through anything, including touching amounting to penetration. The CPS guidance cites R v H [2005] EWCA Crim 732: touching clothing can be sexual touching.
- Penetration (s.79(2)). A continuing act from entry to withdrawal. So consent withdrawn during penetration matters.
- Other definitions (s.79). Body parts include surgically constructed parts; "vagina" includes vulva; images include moving, still and three-dimensional images; observation includes looking at an image; "mental disorder" has the Mental Health Act 1983 meaning.
Child offences by age band
The age bands are the most reliably tested facts in Part 4. Learn them as a table: the age of the child, the age of the offender, and what (if anything) the offender's belief about age does.
| Child's age | Sections | Offences | Key rules |
|---|---|---|---|
| Under 13 | ss.5 to 8 | Rape (s.5, life), assault by penetration (s.6, life), sexual assault (s.7, 14 years), causing or inciting sexual activity (s.8, life if penetrative, otherwise 14 years) | Consent is not an element. No belief about age is mentioned. Any age of offender |
| Under 16, offender 18 or over | ss.9 to 12 | Sexual activity (s.9), causing or inciting (s.10), activity in the presence of a child (s.11), causing a child to watch a sexual act (s.12) | B under 16 and A does not reasonably believe B is 16 or over, or B under 13 (belief irrelevant). ss.9 and 10: 14 years. ss.11 and 12: 10 years, and both need a sexual gratification purpose |
| Offender under 18 | s.13 | Anything that would be an offence under ss.9 to 12 if the offender were 18 | Five years on indictment |
| Under 16, grooming | ss.15 and 15A | Meeting or travelling to meet after earlier contact, intending a relevant offence (s.15, 10 years); sexual communication for sexual gratification (s.15A, 2 years) | A must be 18 or over; B under 16 and no reasonable belief that B is 16 or over |
| Under 18 | ss.16 to 19, 25 and 26, 47 to 50 | Position of trust, familial offences, paying for sexual services of a child, sexual exploitation | Belief that B is 18 or over is relevant in different ways for each; under 13 always caught |
| Under 18, images | PCA 1978 s.1; CJA 1988 s.160 | Indecent photographs and pseudo-photographs | Child means a person under 18 (PCA 1978 s.7(6)) |
- Under 13. Sections 5 to 8 apply to an offender of any age and contain no consent or belief element. The CPS guidance cites R v G [2008] UKHL 37, where Lord Hope noted the heavy responsibility on prosecutors, where both parties are of a similar age, to distinguish truly mutual activity from exploitation. That is a charging discretion, not a defence.
- Sections 11 and 12 need a purpose of obtaining sexual gratification. Section 11 also needs B to be present or in a place from which A can be observed, and A knowing or believing that B is aware, or intending that B should be aware.
- Section 13 covers offenders under 18 doing anything that would be an offence under ss.9 to 12 if they were 18. Maximum five years.
Arranging, meeting after grooming and sexual communication
- Section 14: arranging or facilitating. Intentionally arranging or facilitating something A intends to do, intends another to do, or believes another will do, in any part of the world, where doing it will involve an offence under ss.5 to 13. There is an exception for a person acting to protect the child: from sexually transmitted infection, for physical safety, against pregnancy, or for emotional well-being through advice, and not for sexual gratification or to encourage the activity (s.14(2) and (3)). Penalty follows the offence arranged.
- Section 15: meeting a child following sexual grooming. A, aged 18 or over, has met or communicated with B on one or more occasions and then intentionally meets B, travels or arranges to meet B, or B travels to meet A, anywhere in the world; A intends to commit a relevant offence; B is under 16; and A does not reasonably believe B is 16 or over. Ten years.
- Section 15A: sexual communication with a child. A, aged 18 or over, for sexual gratification, intentionally communicates with B; the communication is sexual or intended to encourage B to make a sexual communication; B is under 16 and A does not reasonably believe B is 16 or over. "Sexual" here has its own test in s.15A(2). Two years.
For the wider child protection material (police protection powers and related offences), see NIE Part 2.
Abuse of position of trust
Sections 16 to 19 mirror ss.9 to 12 for a person aged 18 or over who is in a position of trust in relation to B, where B is under 18 and A does not reasonably believe B is 18 or over, or B is under 13. Maximum five years on indictment (s.16(5)). There are two burden-shifting rules: if B is proved to be under 18, A is taken not to have reasonably believed B was 18 or over unless sufficient evidence raises the issue (s.16(3)); and for the institutional positions in s.21(2) to (5), A is taken to have known the circumstances of the position unless evidence raises the issue (s.16(4)).
| Provision | Who it covers |
|---|---|
| s.21(2) | Looks after under-18s detained in an institution by court order or under an enactment, and B is so detained there |
| s.21(3) and (4) | Looks after under-18s accommodated by a local authority or voluntary organisation, or in a hospital, care home, children's home and similar institutions, and B is accommodated there |
| s.21(5) | Looks after under-18s receiving education at an educational institution, and B is receiving, and A is not receiving, education there |
| s.21(7) onwards | Further roles, including services under employment and training legislation, local authority functions with regular unsupervised contact, and court reporting roles |
| s.22A (from 28 June 2022) | Coaches, teaches, trains, supervises or instructs B on a regular basis in a sport or a religion, and knows that they do. 'Sport' and 'religion' are defined widely. Does not apply where s.21 already applies |
| Exceptions | Lawful marriage or civil partnership where B is 16 or over (s.23, burden on the defendant); a sexual relationship that pre-dates the position of trust (s.24) |
Familial child sex offences
Section 25 (sexual activity with a child family member) and s.26 (inciting a child family member to engage in sexual activity) apply where the relation between A and B is within s.27, A knows or could reasonably be expected to know it, and B is under 18 (unless A reasonably believes B is 18 or over) or under 13. Section 27 covers parents, grandparents, siblings, half-siblings, aunts, uncles and foster parents, and, where they live or have lived in the same household or A has been regularly involved in caring for or supervising B, step-parents, cousins, step-siblings and similar. For an offender aged 18 or over the maximum is fourteen years; for a younger offender it is five years (s.25(4) and (5)). Exceptions exist for spouses and civil partners and for relationships pre-dating the family relationship (ss.28 and 29).
Indecent images of children
| Conduct | Provision | Maximum, consent and defences |
|---|---|---|
| Take, make, distribute, show, possess with a view to distribution, advertise | Protection of Children Act 1978 s.1(1) | Ten years (s.6(2)). DPP consent to prosecute (s.1(3)). Defences for (b) and (c): legitimate reason, or had not seen and had no cause to suspect indecency (s.1(4)) |
| Possession | Criminal Justice Act 1988 s.160 | Five years (s.160(2A)). Defences: legitimate reason; had not seen and no cause to suspect; sent unrequested and not kept for an unreasonable time (s.160(2)) |
| Marriage and partnership | PCA 1978 s.1A; CJA 1988 s.160A | Narrow defence where the child was 16 or over and married to, a civil partner of, or living with the defendant in an enduring family relationship, and the image shows only them |
| Pseudo-photographs | PCA 1978 s.7(7) and (8) | An image that appears to be a photograph. Treated as showing a child if that is the impression it conveys, or the predominant impression, even with some adult features |
| Prohibited images | Coroners and Justice Act 2009 s.62 | Possession of a prohibited image of a child: pornographic, within the categories in s.62(6) (for example an image focusing solely or principally on a child's genitals or anal region), and grossly offensive, disgusting or otherwise obscene |
| Paedophile manual | Serious Crime Act 2015 s.69 | Possession of any item containing advice or guidance about abusing children sexually. Three years on indictment; DPP consent; defences similar to s.160 |
Read the Manual's treatment of the word "make" in s.1(1)(a) Protection of Children Act 1978 with care, alongside the possession offence in s.160. We have not set out the case law on either here because we could not open the judgments.
Offences against people with a mental disorder
Section 30: A intentionally touches B, the touching is sexual, B is unable to refuse because of or for a reason related to a mental disorder, and A knows or could reasonably be expected to know that B has a mental disorder and that because of it B is likely to be unable to refuse. B is unable to refuse if he lacks the capacity to choose whether to agree (whether through lack of understanding of the nature or reasonably foreseeable consequences, or for any other reason) or is unable to communicate such a choice (s.30(2)). Life where penetrative; otherwise fourteen years. Sections 31 to 33 apply the same structure to causing or inciting, activity in the presence of B, and causing B to watch a sexual act.
Preparatory offences and prostitution
Preparatory offences (4.6)
- s.61 administering a substance with intent: intentionally administering a substance to, or causing it to be taken by, B, knowing B does not consent, intending to stupefy or overpower B so as to enable any person to engage in sexual activity involving B. Ten years. No sexual activity needs to follow.
- s.62 committing an offence with intent: committing any offence intending to commit a relevant sexual offence. Life where the offence is kidnapping or false imprisonment; otherwise ten years.
- s.63 trespass with intent: being a trespasser on premises (including a structure, tent, vehicle or vessel), intending to commit a relevant sexual offence there, and knowing or being reckless as to being a trespasser. Ten years.
Prostitution (4.7)
- Prostitute (s.54(2)): a person who, on at least one occasion and whether or not compelled, offers or provides sexual services to another in return for payment or a promise of payment to them or a third person.
- ss.52 and 53: intentionally causing or inciting another to become a prostitute, or controlling any of their activities relating to prostitution, for or in the expectation of gain. Seven years each.
- s.53A: paying or promising payment for the sexual services of a prostitute where a third person has used force, threats, coercion or deception likely to induce them to provide those services, for gain. It is irrelevant whether the payer is or ought to be aware of the exploitation (s.53A(2)(b)). Summary only, level 3 fine.
- s.51A soliciting: soliciting in a street or public place (including from a vehicle) for the purpose of obtaining sexual services as a prostitute. Summary only, level 3 fine.
- Brothels: keeping, managing, or acting or assisting in the management of a brothel to which people resort for practices involving prostitution (s.33A Sexual Offences Act 1956). Keeping a disorderly house is a common law offence covered in the Manual.
Exposure, voyeurism, upskirting and intimate image offences
Chapter 4.8 is where the law has moved most. The table gives the provisions as they stood when the 2026 Manual was published (OUP gives 12 November 2025) and that are still in force, plus the exposure wording the Manual will contain. Changes after November 2025 are in the next section.
| Offence | Provision | Elements and maximum |
|---|---|---|
| Exposure (version in the 2026 Manual) | s.66, before 29 September 2026 | Intentionally exposes his genitals, intending that someone will see them and be caused alarm or distress. Two years on indictment |
| Sending a photograph or film of genitals | s.66A (from 31 January 2024) | Intentionally sends or gives a photograph or film of any person's genitals to B, either intending B will see them and be caused alarm, distress or humiliation, or for sexual gratification and reckless as to that. Includes showing it or leaving it for B to find. Two years |
| Sharing an intimate image: base offence | s.66B(1) | Intentionally shares a photograph or film showing, or appearing to show, B in an intimate state, without B's consent and without reasonable belief in consent. Summary only. Reasonable excuse defence (s.66B(8)) |
| Sharing with intent or for gratification | s.66B(2) and (3) | Intentional sharing without B's consent, either intending to cause B alarm, distress or humiliation (s.66B(2), no reasonable-belief element), or for sexual gratification where A does not reasonably believe B consents (s.66B(3)). Two years |
| Threatening to share | s.66B(4) | Threatens to share such an image, intending or reckless as to whether B or someone who knows B will fear it will be carried out. Two years. Image need not exist (s.66B(7)) |
| Intimate state | s.66D(5) to (9) | Sexual act or something sexual; exposed genitals, buttocks or breasts (including through wet or transparent clothing, or covered only by underwear); urination, defecation or related personal care. Excludes things ordinarily seen in public, other than breastfeeding |
| Voyeurism | s.67 | Observing a private act for sexual gratification knowing B does not consent; operating equipment to enable another to do so; recording a private act intending it to be viewed for sexual gratification; installing equipment or adapting a structure to enable observation. Two years |
| Upskirting and breastfeeding | s.67A | Operating equipment or recording beneath clothing to see genitals, buttocks or underwear (from 12 April 2019), or of a person breastfeeding (from 28 June 2022), without consent or reasonable belief, for sexual gratification or to humiliate, alarm or distress. Two years |
| Private act | s.68(1) | In a place that would reasonably be expected to provide privacy, and genitals, buttocks or breasts exposed or covered only by underwear, using a lavatory, or doing a sexual act not ordinarily done in public |
| Sexual activity in a public lavatory | s.71 | Intentionally engages in sexual activity in a lavatory the public may use. Sexual judged by a reasonable person regardless of purpose. Summary only, six months |
- Exemptions for sharing (s.66C). No s.66B(1) to (3) offence where the image was taken in a public place, B had no reasonable expectation of privacy and was in the intimate state voluntarily; where it had previously been publicly shared with B's consent; for certain sharing with healthcare professionals about a child under 16 or a person lacking capacity; and for images of children of a kind ordinarily shared between family and friends.
- "Shares" means giving or showing it to another person, or making it available, by any means. An internet service provider is not treated as sharing (s.66D(2) and (3)).
- Outraging public decency is a common law offence; we have not set out its elements because we did not verify them from a primary source. Use the Manual.
Law that changed after the 2026 Manual was published
The handbook says candidates are examined on the law only as it appears in the 2026 edition, and later changes are examined only in exceptional circumstances after suitable notice. We found no NIE syllabus update in the handbook we hold. These changes are real and matter for investigations, but answer exam questions from the Manual unless the College tells you otherwise.
- 6 February 2026: ss.66E to 66H inserted by the Data (Use and Access) Act 2025: creating, or requesting the creation of, a purported intimate image of an adult (for example a sexual deepfake) without consent. The 2026 syllabus list for chapter 4.8 does not mention it.
- 29 June 2026: ss.66I to 66L inserted by the Crime and Policing Act 2026: making or supplying purported intimate image generators.
- 29 September 2026: s.66 exposure rewritten by s.113 of the 2026 Act. The new s.66(1) covers exposure intending someone will see and be caused alarm, distress or humiliation, or exposure for sexual gratification intending someone will see and reckless as to alarm, distress or humiliation, with a qualification in s.66(1A) where the exposure is aimed at particular people. The maximum stays at two years.
- Not yet in force on 11 October 2026: s.81 (new offences of rape and other offences against children under 16, inserted as ss.8A onwards), s.82 (sexual activity in the presence of a child), s.72 (child sexual abuse image generators), s.75 (possession of advice or guidance about creating such images), and most of Schedule 13 (new offences of taking or recording intimate images without consent, installing equipment, and sharing semen-defaced images). Only one paragraph of Schedule 13, about Online Safety Act priority offences, was in force.
Learn the Manual's version for the exam. If an exam option describes the new exposure wording or a not-yet-in-force offence, treat it with suspicion unless the College has issued an update for your sitting. Check the College's NIE page and your force NIE liaison contact before Tuesday, 17 November 2026.
The traps
| Trap | Typical stem | What to check |
|---|---|---|
| Section 76 for any lie | D lies about his job, wealth or marital status to obtain intercourse | Section 76 only covers deception as to the nature or purpose of the act, or impersonation of someone known personally. The CPS guidance cites Jheeta (narrow reading) and Lawrance (deception must be closely connected to the performance of the act) |
| Evidential presumption treated as conclusive | Complainant asleep; D says she agreed earlier | Section 75(2)(d) is evidential. If sufficient evidence is adduced to raise an issue, the prosecution must prove absence of consent and of reasonable belief in the ordinary way |
| Section 75 without knowledge | Complainant was drugged by a third party without D's knowledge | Section 75 needs proof that D knew the circumstance existed (s.75(1)(c)). Without that, fall back on s.74 and capacity |
| Consent offered for an under-13 | Twelve-year-old 'agreed' and looked older | Sections 5 to 8 have no consent element and no belief-in-age element. Belief only helps for ss.9 to 12 where B is 13 to 15 |
| Age of the offender | A 17-year-old has sexual activity with a 14-year-old | Sections 9 to 12 require A to be 18 or over. The offence is s.13, with a five-year maximum |
| Age of consent is 16, so no offence | A coach, 24, in a relationship with a 17-year-old he trains | Position of trust offences protect under-18s. Section 22A covers regular sports coaching |
| Rape by a woman | A woman forces a man to penetrate her | Not rape by her as a principal (s.1 requires her penis). Consider s.4, causing sexual activity without consent, life where penetrative |
| Exposure under the new wording | Exam stem built on 'sexual gratification' only | The 2026 Manual predates the 29 September 2026 change. Answer from the version in the Manual unless the College issues an update |
| Revenge porn offence | Option cites s.33 Criminal Justice and Courts Act 2015 | Repealed from 31 January 2024. Sharing intimate images is now s.66B Sexual Offences Act 2003 |
| Anonymity for every offence | Complainant of sexual activity in a public lavatory | The 1992 Act covers Part 1 SOA 2003 offences except ss.64, 65, 69 and 71 |
| Images of 16 and 17-year-olds | Image of a 17-year-old taken with her agreement | A child is under 18 for indecent images. The s.1A and s.160A defences are narrow: marriage, civil partnership or enduring family relationship, and only the two of them shown |
Many Part 4 stems give two ages and a belief. Before reading the options, write down three things: the child's age band, whether the offender is 18 or over, and whether the section in play makes belief about age relevant. That alone eliminates most distractors.
Worked scenarios
Short reasoning exercises showing the order in which to test the elements.
A complainant drank heavily at a party, was awake and talking, and later says she does not remember agreeing to sexual activity. Start with s.76: no deception or impersonation, so it does not apply. Section 75: she was not asleep or unconscious at the time, and nobody administered a substance without her consent, so none of the listed circumstances is shown. That leaves s.74. Drunken consent is still consent, but capacity may evaporate before unconsciousness (Bree, per CPS guidance). The questions become whether she had the capacity to choose, and whether any belief in consent the suspect held was reasonable in all the circumstances, including any steps he took to find out.
A teacher, 29, begins a sexual relationship with a 17-year-old pupil at the school where he teaches. Section 21(5) applies: he looks after under-18s receiving education at the institution and she is receiving education there. Section 16 is made out unless he reasonably believed she was 18 or over (and s.16(3) puts an evidential burden on him once her age is proved). If the relationship had started before he took up the post, s.24 (relationships pre-dating the position of trust) would need examining. Her age being above 16 is irrelevant to the position of trust offences.
A man of 34 exchanges messages with someone he believes is a 14-year-old girl, then travels to meet her intending sexual activity. Section 15 requires that he has met or communicated with B, then travels with the intention of meeting B, intending a relevant offence, and that B is under 16 and he does not reasonably believe B is 16 or over. Where the 'child' is in fact an adult decoy, the full offence's age element is not met, and an attempt is the usual route; read how the Manual deals with that. The sexual messages themselves may be a s.15A offence if sent to a real child under 16.
After a break-up, a man posts a photograph of his former partner topless, taken privately during the relationship, on a social media group. Intimate state: exposed breasts (s.66D(5)(c)). Sharing: making it available to others (s.66D(2)). No consent and no reasonable belief in consent gives the base offence in s.66B(1). If he did it to humiliate her, s.66B(2) applies with a two-year maximum. The s.66C public place exemption does not help: the photo was taken in private. The old s.33 Criminal Justice and Courts Act 2015 offence is repealed and is a wrong option.
Myths about Part 4
- "Section 76 applies whenever the complainant was lied to." Only deception as to the nature or purpose of the act, or impersonation of someone known personally to the complainant.
- "The s.75 presumptions mean the defendant must prove consent." They are evidential. The defendant only needs sufficient evidence to raise an issue; the legal burden stays on the prosecution.
- "A child of 12 who looked 16 gives the defendant a defence." Not for the under-13 offences, which contain no belief element.
- "The age of consent being 16 means no offence with a 17-year-old." Position of trust and familial offences protect under-18s, and indecent image offences define a child as under 18.
- "Revenge porn requires intent to cause distress." The base s.66B(1) offence requires only intentional sharing without consent and without reasonable belief in consent. Intent to cause distress is the aggravated form in s.66B(2).
- "Upskirting is just voyeurism." It is a separate offence in s.67A, and it covers humiliating, alarming or distressing purposes as well as sexual gratification. Section 67 voyeurism needs a sexual gratification purpose.
Five worked questions
These are original practice questions written by us from the statutes and the CPS guidance cited on this page. They are not real, past or recalled NIE questions and are not endorsed by the College of Policing or Oxford University Press. The College forbids sharing exam questions or topic areas, and we do not use any.
WARD is charged with sexual assault. The prosecution proves he sexually touched the complainant while she was asleep and that he knew she was asleep. WARD gives evidence that, before she fell asleep, she told him he could touch her later. Which statement is correct?
The complainant being asleep is a circumstance in s.75(2)(d), and the defendant knew of it, so s.75(1) applies. The presumptions in s.75 are evidential: they apply unless sufficient evidence is adduced to raise an issue. Conclusive presumptions are only those in s.76 (option A). Section 77 applies ss.75 and 76 to offences under ss.1 to 4, including sexual assault (option C). Violence is a different s.75 circumstance and is not required in addition (option D).
Source: Sexual Offences Act 2003 ss.3, 75 and 77
LEWIS tells a woman he has just met that he is a wealthy surgeon and unmarried. Both statements are lies. She agrees to sexual intercourse, saying afterwards that she would not have agreed had she known the truth. In relation to rape, which is correct?
Section 76(2) covers only intentional deception as to the nature or purpose of the act, and inducing consent by impersonating a person known personally to the complainant. Lies about wealth, job or marital status are neither, and 'a surgeon' is not a person known personally to her (options A and B). Deception is not one of the s.75 circumstances (option D). Consent would then be considered under s.74; the CPS guidance cites Lawrance for the point that only deception closely connected to the performance of the sexual act can vitiate consent.
Source: Sexual Offences Act 2003 ss.74 to 76; CPS rape and sexual offences guidance (Jheeta, Lawrance)
MOSS, aged 20, sexually touches B, who is 12. B had told MOSS she was 16, and the officer in the case accepts that B could pass for 16. Which offence is MOSS most appropriately charged with?
Section 7 is committed where A intentionally touches another person, the touching is sexual, and the other person is under 13. Neither consent nor belief about age forms part of the offence, so options A and B fail. Section 9 also applies where B is under 13 regardless of belief, but the specific under-13 offence is the most appropriate charge and option B wrongly suggests a defence. Section 3 would require the prosecution to prove absence of consent, which s.7 avoids (option D).
Source: Sexual Offences Act 2003 ss.7 and 9
DAVIES, aged 26, has coached a 17-year-old swimmer twice a week for two years. They begin a sexual relationship that the swimmer says is fully consensual. Which is correct?
Section 22A, in force since 28 June 2022, puts a person in a position of trust if he coaches, teaches, trains, supervises or instructs B on a regular basis in a sport or religion and knows he does. Section 16 then applies where A is 18 or over, the touching is sexual, and B is under 18 (unless A reasonably believes B is 18 or over). Consent is not a defence (option A). Section 22A is not limited to schools (option C). Section 9 concerns children under 16 (option D). Maximum five years on indictment.
Source: Sexual Offences Act 2003 ss.16 and 22A
After a break-up, PATEL messages his former partner: 'Pay me £500 or I will post the video of you in the shower.' No such video exists. Which statement about s.66B(4) Sexual Offences Act 2003 is correct?
Section 66B(4) makes it an offence to threaten to share a photograph or film showing, or appearing to show, another person in an intimate state, intending or being reckless as to whether that person (or someone who knows them) will fear the threat will be carried out. Section 66B(7) says the prosecution need not prove the image exists (option A). Sexual gratification is a purpose in s.66B(3), not s.66B(4) (option C). A demand for money with menaces may also be blackmail under s.21 Theft Act 1968, but that does not exclude s.66B (option D).
Source: Sexual Offences Act 2003 s.66B(4) and (7)
For more across all four parts, try our free NIE mini mock and the free practice questions. Our paid NIE exam prep toolkit adds timed 80-question mocks weighted like the real paper. All three are ours, and none replaces the Manual.
Part 4 revision checklist
- Write out the four elements of ss.1, 2, 3 and 4 and their maximums.
- State s.74 word for word and explain capacity with reference to intoxication.
- List the six s.75(2) circumstances and the three things the prosecution must prove before s.75 applies.
- State the two s.76(2) circumstances and why most lies fall outside them.
- Say which offences ss.75 and 76 apply to (s.77).
- Explain 'sexual' in s.78 (two limbs) and 'touching' in s.79(8).
- Draw the age-band table: under 13, under 16, offender under 18, under 18.
- State the s.15 and s.15A elements, including who must be 18 and the belief rule.
- List three s.21 positions and the s.22A sport and religion rule, with the s.23 and s.24 exceptions.
- Distinguish s.1 PCA 1978 and s.160 CJA 1988 offences, defences and maximums.
- State the s.61, s.62 and s.63 preparatory offences.
- Know the s.54 definition of prostitute and the strict s.53A position on the buyer's awareness.
- Know s.66 in the Manual's wording, s.66A, s.66B(1) to (4), s.67 and s.67A.
- Know which offences the 1992 Act anonymity does not cover.
Next: NIE Part 3: property offences, or build a plan with the free revision timetable.
What we could not verify
- The Manual's own text. We worked from the statutes, the College handbook and CPS guidance. Where the Manual's emphasis differs, the exam follows the Manual.
- What the 2026 Manual says about the Data (Use and Access) Act 2025 offences. The Act received Royal Assent before the Manual's publication but the offences came into force afterwards. The syllabus list does not mention them; we do not know whether the Manual does.
- Case law read second-hand. Bree, Hysa, Assange, R (F) v DPP, McNally, Lawrance, Jheeta, R v H and R v G [2008] are cited as summarised in CPS guidance read on 11 October 2026. We could not open the judgments.
- Outraging public decency, disorderly houses and offences outside the UK (4.4.15). Not set out here because we did not verify them against a primary source.
- Sexual exploitation of children (ss.47 to 50). We read ss.47 and 48 only and have summarised them in the age table rather than in full.
- 2027 syllabus. The 2027 handbook had not been published when we checked. Expect the Part 4 list to change for 2027 sittings given the law changes above, but nothing is confirmed.
- Future questions. The September 2026 Part 4 count is one sitting only.
Frequently Asked Questions
What does Part 4 of the NIE syllabus cover?
Appendix A of the College of Policing's 2026 NIE candidate handbook lists eight chapters in Part 4: sexual offences introduction and anonymity, rape and consent, sexual assault and related offences, sexual offences against children, offences against people with a mental disorder, preparatory offences, prostitution, and other sexual offences such as exposure, voyeurism and intimate image offences. The exam tests the law as it appears in the 2026 Blackstone's Police Investigators' Manual.
How many NIE questions are on sexual offences?
In the September 2026 sitting the College's subject area breakdown shows 10 of the 70 scored questions came from Part 4, with 1 more removed at marking. The College says the breakdown applies only to that sitting. As a share of the paper, Part 4 is close to Part 3 despite having fewer chapters.
What is the definition of consent in the Sexual Offences Act 2003?
Section 74: a person consents if he agrees by choice, and has the freedom and capacity to make that choice. The CPS guidance cites R v Bree [2007] EWCA Crim 804: a drunken consent is still consent, but capacity to consent may evaporate well before a complainant becomes unconscious.
What is the difference between the s.75 and s.76 presumptions?
Section 75 creates evidential presumptions: if one of six listed circumstances existed and the defendant knew it, the complainant is taken not to have consented, and the defendant not to have reasonably believed in consent, unless sufficient evidence is adduced to raise an issue. Section 76 creates conclusive presumptions that cannot be rebutted: where the defendant intentionally deceived the complainant as to the nature or purpose of the act, or induced consent by impersonating someone known personally to the complainant.
Which offences do sections 75 and 76 apply to?
Sections 1 to 4 of the Sexual Offences Act 2003: rape, assault by penetration, sexual assault and causing a person to engage in sexual activity without consent (s.77). They do not apply to the under-13 offences in sections 5 to 8, where consent is not an element at all.
Can a woman commit rape?
Not as a principal. Section 1 requires penetration of the vagina, anus or mouth with the defendant's penis. A woman can commit assault by penetration (s.2), sexual assault (s.3) or causing sexual activity without consent (s.4), and can be a secondary party to rape.
Is a reasonable belief that a child was 16 a defence?
For the adult offences in sections 9 to 12 and section 15A, the offence requires that B is under 16 and A does not reasonably believe that B is 16 or over, so a reasonable belief means that element is not proved. It never helps if B is under 13: those offences either do not mention belief (sections 5 to 8) or apply whatever A believed when B is under 13 (sections 9 to 12).
What is a position of trust and who does it cover?
Section 21 lists positions such as looking after under-18s in detention, care homes, hospitals and educational institutions. Since 28 June 2022, s.22A adds anyone who coaches, teaches, trains, supervises or instructs the child regularly in a sport or a religion, and knows it. The position of trust offences in sections 16 to 19 protect under-18s and carry a maximum of five years on indictment.
What is upskirting in law?
Section 67A Sexual Offences Act 2003, inserted by the Voyeurism (Offences) Act 2019 from 12 April 2019: operating equipment or recording an image beneath another person's clothing to observe the genitals, buttocks or underwear covering them, without consent or reasonable belief in consent, for sexual gratification or to humiliate, alarm or distress. Since 28 June 2022 the section also covers observing or recording someone breastfeeding. Maximum two years on indictment.
What did the Online Safety Act 2023 change about intimate images?
From 31 January 2024 it inserted s.66A (sending a photograph or film of genitals, often called cyberflashing) and ss.66B to 66D (sharing or threatening to share an intimate photograph or film) into the Sexual Offences Act 2003, and repealed the old 'revenge porn' offence in s.33 Criminal Justice and Courts Act 2015. The basic sharing offence in s.66B(1) needs no intent to cause distress.
Does the threat offence need the image to exist?
No. Section 66B(7) says that on a charge of threatening to share, the prosecution does not have to prove that the photograph or film exists, or if it does, that it shows the person in an intimate state. The threat must be made intending, or being reckless as to whether, the person or someone who knows them will fear it will be carried out (s.66B(4)).
What is the maximum sentence for possessing indecent images of children?
Possession under s.160 Criminal Justice Act 1988 carries five years on indictment. Taking, making, distributing, showing or possessing with a view to distribution under s.1 Protection of Children Act 1978 carries ten years (s.6). In both Acts a child means a person under 18, and pseudo-photographs are included.
The exposure offence changed in September 2026. Which version is examined?
The version in the 2026 Manual, which OUP published in November 2025, before the change. From 29 September 2026 the Crime and Policing Act 2026 rewrote s.66 to add a sexual gratification limb. The handbook says changes in the law after publication are examined only in exceptional circumstances and after prior notice, so answer exam questions from the Manual's wording.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 11 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.
- College of Policing: NIE candidate handbook 2026 (PDF, November 2025), Appendix A — Part 4 chapter list 4.1 to 4.8 with sub-sections; the statement that questions are drawn solely from the 2026 Manual and that later changes in the law are examined only in exceptional circumstances with notice. Read from our local copy on 11 October 2026 (accessed 11 October 2026)
- College of Policing: NIE subject area breakdown, September 2026 (PDF) — part-level count only: 10 scored Part 4 questions and 1 removed at marking (accessed 11 October 2026)
- Sexual Offences Act 2003, Part 1 (legislation.gov.uk, latest revised text) — ss.1 to 16, 21 to 27, 30, 47, 48, 51A to 54, 61 to 63, 66 to 68, 71 and 74 to 79 read on 11 October 2026, including amendment notes and commencement dates. Point-in-time text of s.66 as at 1 June 2025 read for the pre-September 2026 wording (accessed 11 October 2026)
- Sexual Offences Act 2003, ss.66A to 66D (inserted by the Online Safety Act 2023, ss.187 and 188) — in force 31 January 2024 (SI 2024/31). Criminal Justice and Courts Act 2015 ss.33 to 35 shown as repealed from the same date by s.190 of the 2023 Act (accessed 11 October 2026)
- Sexual Offences Act 2003, ss.66E to 66L (legislation.gov.uk) — creating or requesting a purported intimate image of an adult, inserted from 6 February 2026 by the Data (Use and Access) Act 2025; image generator offences ss.66I to 66L from 29 June 2026 by the Crime and Policing Act 2026 (accessed 11 October 2026)
- Protection of Children Act 1978, ss.1, 1A, 6 and 7; Criminal Justice Act 1988, ss.160 and 160A (legislation.gov.uk) — indecent photographs and pseudo-photographs of children, defences, ten-year and five-year maximums, child meaning under 18 (accessed 11 October 2026)
- Serious Crime Act 2015, s.69; Coroners and Justice Act 2009, s.62 (legislation.gov.uk) — possession of a paedophile manual (three years; DPP consent) and possession of prohibited images of children (accessed 11 October 2026)
- Sexual Offences (Amendment) Act 1992, ss.1 and 2 (legislation.gov.uk) — complainant anonymity and the offences it covers, which include Part 1 SOA 2003 offences except ss.64, 65, 69 and 71 (accessed 11 October 2026)
- Sexual Offences Act 1956, s.33A (legislation.gov.uk) — keeping, managing or assisting in the management of a brothel used for prostitution (accessed 11 October 2026)
- Crime and Policing Act 2026 (legislation.gov.uk) — s.113 (exposure, in force 29 September 2026 by SI 2026/960), s.98 and Schedule 13 (in force only for one paragraph from 29 June 2026 by SI 2026/689), and ss.72, 75, 81 and 82 shown as prospective on 11 October 2026 (accessed 11 October 2026)
- Crown Prosecution Service: Rape and sexual offences prosecution guidance (full page version) — used for case law we could not open directly: Bree and Hysa (capacity), Assange, R (F) v DPP and McNally (choice and conditions), Lawrance (deception closely connected to the act), Jheeta (s.76 narrow), R v H (touching through clothing), R v G [2008] UKHL 37 (prosecution discretion where both parties are children) (accessed 11 October 2026)
- Oxford University Press: Blackstone's Police Investigators' Manual and Workbook 2026 — publication date 12 November 2025, used to judge which later law changes the 2026 Manual cannot contain (accessed 11 October 2026)
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PolicePay.co.uk is an independent guide. It is not affiliated with, endorsed by or produced by the College of Policing or Oxford University Press (Blackstone's). Exam rules, dates, the syllabus and prices change, so check the College of Policing's current NIE candidate handbook and exam page before you register or buy. Practice material on this site is original and is not real or recalled exam content. Details apply to England and Wales unless stated. Details are as checked on 11 October 2026.