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Sexual Offences (Amendment) Act 1992

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6 Interpretation etc.E+W+S+N.I.

(1)In this Act—

  • complainant” has the meaning given in section 1(2);

  • [F1corresponding civil offence”, in relation to a service offence, means the civil offence (within the meaning of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957) the commission of which constitutes the service offence;]

  • picture” includes a likeness however produced;

  • relevant programme” means a programme included in a programme service, within the meaning of the M1Broadcasting Act 1990; and

  • [F2service offence” means an offence against section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957;]

  • written publication” includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

(2)For the purposes of this Act—

(a)where it is alleged that an offence to which this Act applies has been committed, the fact that any person has consented to an act which, on any prosecution for that offence, would fall to be proved by the prosecution, does not prevent that person from being regarded as a person against whom the alleged offence was committed; and

(b)where a person is accused of an offence of incest or buggery, the other party to the act in question shall be taken to be a person against whom the offence was committed even though he consented to that act.

[F3(2A)For the purposes of this Act, where it is alleged or there is an accusation that an offence of conspiracy or incitement of another to commit an offence mentioned in section 2(1)(a) to (d) has been committed, the person against whom the substantive offence is alleged to have been intended to be committed shall be regarded as the person against whom the conspiracy or incitement is alleged to have been committed.

In this subsection, “the substantive offence” means the offence to which the alleged conspiracy or incitement related.]

(3)For the purposes of this Act, a person is accused of an offence [F4, other than a service offence,] if—

(a)an information is laid alleging that he has committed the offence,

(b)he appears before a court charged with the offence,

(c)a court before which he is appearing commits him for trial on a new charge alleging the offence, or

(d)a bill of indictment charging him with the offence is preferred before a court in which he may lawfully be indicted for the offence,

and references in [F5subsection (2A) and in] section 3 to an accusation alleging an offence shall be construed accordingly.

[F6(3A)For the purposes of this Act, a person is accused of a service offence if he is treated by section 75(4) of the Army Act 1955, section 75(4) of the Air Force Act 1955 or section 47A(4) of the Naval Discipline Act 1957 as charged with the offence, and references in section 3 to an accusation alleging an offence shall be construed accordingly.]

(4)Nothing in this Act affects any prohibition or restriction imposed by virtue of any other enactment upon a publication or upon matter included in a relevant programme.

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Amendments (Textual)

F1S. 6(1): definition of “corresponding civil offence” inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. I para. 3(2)(a); S.I. 2001/3234, art. 2 (subject to saving in art. 3)

F2S. 6(1): definition of “service offence” inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. I para. 3(2)(b); S.I. 2001/3234, art. 2 (subject to saving in art. 3)

F4Words in s. 6(3) inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. I para. 3(3); S.I. 2001/3234, art. 2 (subject to saving in art. 3)

F5Words in s. 6(3) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 52(3)(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F6S. 6(3A) inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. I para. 3(4); S.I. 2001/3234, art. 2 (subject to saving in art. 3)

Commencement Information

I1S. 6 wholly in force at 1.8.1992 see s. 8(3) and S.I. 1992/1336, art. 2

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