3. —(1) Each of the offences referred to in the Schedule shall, subject to subsections (2) and (3), be a sexual offence for the purposes of this Act.

(2) An offence referred to in—

F3[(a) paragraph 2 of the Schedule (sexual assault or indecent assault), other than an offence of sexual assault or indecent assault of a person who, at the time of the commission of the offence, was F4[a vulnerable person],]

(b) paragraph 5 of the Schedule (incest by males),

(c) paragraph 6 of the Schedule (incest by females of or over 17 years of age), or

(d) paragraph 18, 19 or 20 of the Schedule in so far as it relates to an offence referred to in paragraph (a), (b) or (c),

shall not be a sexual offence for the purposes of this Act if—

(i) the victim of or, as the case may be, the other party to the offence was aged, at the date of the offence's commission, 17 years or more, and

F3[(ii) the person guilty of the offence—

(I) is, for the time being, the subject of an order of the court remanding him or her on bail or in custody pending the passing of sentence, or

(II) has not, in respect of the offence, been sentenced to any punishment involving deprivation of liberty for a limited or unlimited period of time or been made subject to any measure involving such deprivation of liberty.]

(3) An offence referred to in—

(a) paragraph 8 of the Schedule (defilement of girl between 15 and 17 years of age),

(b) paragraph 11 of the Schedule (buggery of persons under 17 years of age),

(c) paragraph 12 of the Schedule (gross indecency with males under 17 years of age), or

(d) paragraph 18, 19 or 20 of the Schedule in so far as it relates to an offence referred to in paragraph (a), (b) or (c),

shall not be a sexual offence for the purposes of this Act if—

(i) the victim of or, as the case may be, the other party to the offence was aged, at the date of the offence's commission, 15 years or more but less than 17 years, and

(ii) the person guilty of the offence was aged, at that date, not more than 3 years older than that victim or other party.

F5[(4) F6[…]]