Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

8 Effect of conviction etc. under section 7 above or section [F1 122H or] 128 of Sexual Offences Act 2003 S

(1) This section applies to a person who—

(a) is convicted of an offence under section 7 above [F2 , section 122H of the 2003 Act (breach of sexual risk order or interim sexual risk order in England and Wales) or section 128 of that Act (breach of risk of sexual harm order or interim risk of sexual harm order in Northern Ireland)];

(b) is, in England and Wales or Northern Ireland, cautioned in respect of an offence under section [F3 122H or] 128 of that Act;

(c) is found not guilty of one of those offences on the grounds or by reason of insanity;F4 ...

[F5 (ca) is acquitted by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46), or]

(d) is found to be under a disability and to have done the act charged against the person in respect of one of those offences.

(2) Where the person—

(a) was a relevant offender immediately before this section applied to the person; and

(b) would (apart from this subsection) cease to be subject to the notification requirements of Part 2 of the 2003 Act while the relevant order (as renewed from time to time) has effect,

the person remains subject to those notification requirements.

(3) Where the person was not a relevant offender immediately before this section applied to the person—

(a) the person, by virtue of this section, becomes subject to the notification requirements of Part 2 of the 2003 Act from the time this section first applies to the person and remains so subject until the relevant order (as renewed from time to time) ceases to have effect; and

(b) that Part of that Act applies to the person subject to the modification set out in subsection (4) below.

(4) In that application, “relevant date” means the date on which this section first applies to the person referred to in it.

(5) In this section—

• “relevant offender” has the meaning given by section 80(2) of the 2003 Act;

• “relevant order” means—

  (a)

  where the conviction or finding referred to in subsection [F6 (1)(a) or (c) to (d)] above is in respect of a breach of a risk of sexual harm order under section 2 above or [F7 an order under section 122A or section 123] of the 2003 Act, that order;

  (b)

  where the caution referred to in subsection (1)(b) above is in respect of a breach of [F8 a sexual risk order under section 122A of the 2003 Act or] a risk of sexual harm order under section 123 of the 2003 Act, that order;

  (c)

  [F9 where the conviction or finding referred to in subsection (1)(a), (c) or (d) above is in respect of a breach of an interim risk of sexual harm order under section 5 above or an interim order under section 122E or 126 of the 2003 Act—

  (i)

  any risk of sexual harm order or sexual risk order made upon the application to which the interim order relates; or

  (ii)

  if no risk of sexual harm order or sexual risk order has been made, the interim order;

  (d)

  where the caution referred to in subsection (1)(b) above is in respect of a breach of an interim order under section 122E or 126 of the 2003 Act—

  (i)

  any order under section 122A or 123 of that Act made upon the application to which the interim order relates; or

  (ii)

  if no order under section 122A or 123 of that Act has been made, the interim order.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in s. 8 heading inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 79(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F2 Words in s. 8(1)(a) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 79(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F3 Words in s. 8(1)(b) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 79(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F4 Word in s. 8(1) repealed (25.6.2012 and with application in accordance with art. 3) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 75(a)(i); S.S.I. 2012/160, art. 3, Sch.

F5 S. 8(1)(ca) inserted (25.6.2012 and with application in accordance with art. 3) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 75(a)(ii); S.S.I. 2012/160, art. 3, Sch.

F6 Words in s. 8(5)(a) substituted (25.6.2012 and with application in accordance with art. 3) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 75(b)(i); S.S.I. 2012/160, art. 3, Sch.

F7 Words in s. 8(5) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 79(5)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F8 Words in s. 8(5) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 79(5)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F9 Words in s. 8(5) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 79(5)(c) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

Commencement Information

I1 S. 8 in force at 7.10.2005 by S.S.I. 2005/480, art. 2