Modifications etc. (not altering text)
C1Pt. I (ss. 1-6) modified (E.W.) (1.12.1998) by 1998 c. 37, s. 2(5); S.I. 1998/2327, art. 4(1)(a).
Pt. I (ss. 1-6) modified (S.) (1.12.1998) by 1998 c. 37, s. 20(6); S.I. 1998/2327, art. 4(1)(d).
Pt. I (ss. 1-6) modified (prosp.) by S.I. 1998/2839 (N.I. 20), arts. 1(3), 6(5).
(1)In this Part—
“admitted to a hospital” means admitted to a hospital under—
“community order” means—
a community order within the meaning of [F1the Powers of Criminal Courts (Sentencing) Act 2000];
a probation order or community service order under the M7Criminal Procedure (Scotland) Act 1995 or a supervised attendance order made in pursuance of section 235 of that Act;
“detained in a hospital” means detained in a hospital under—
Part III of the Mental Health Act 1983, section 71 of the M14Mental Health (Scotland) Act 1984, Part VI of the M15Criminal Procedure (Scotland) Act 1995 or Part III of the M16Mental Health (Northern Ireland) Order 1986;
Schedule 1 to the M17Criminal Procedure (Insanity and Unfitness to Plead) Act 1991; or
regulations made under subsection (3) of section 116B of the Army Act 1955 or the Air Force Act 1955 or section 63B of the Naval Discipline Act 1957;
“guardianship order” means a guardianship order under section 37 of the M18Mental Health Act 1983, section 58 of the Criminal Procedure (Scotland) Act 1995 or Article 44 of the Mental Health (Northern Ireland) Order 1986;
“parental responsibility” has the same meaning as in the F2Children Act 1989 or the F3Children (Northern Ireland) Order 1995, and “parental responsibilities” has the same meaning as in Part I of the M19Children (Scotland) Act 1995;
“the relevant date” has the meaning given by section 1(8) above;
“restriction order” means—
an order under section 41 of the Mental Health Act 1983, section 57(2)(b) or 59 of the Criminal Procedure (Scotland) Act 1995 or Article 47(1) of the Mental Health (Northern Ireland) Order 1986;
a direction under paragraph 2(1)(b) of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 or Article 50A(3)(b) of the Mental Health (Northern Ireland) Order 1986; or
a direction under subsection (2) of section 116B of the Army Act 1955 or the Air Force Act 1955 or section 63B of the Naval Discipline Act 1957;
“supervision” means supervision in pursuance of an order made for the purpose or, in the case of a person released from prison on licence, in pursuance of a condition contained in his licence;
“term of service detention” means a term of detention awarded under section 71(1)(e) of the Army Act 1955 or the Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.
(2)In this Part any reference to a conviction includes—
(a)a reference to a finding in summary proceedings, where the court makes an order under section 37(3) of the M20Mental Health Act 1983, section 58(3) of the M21Criminal Procedure (Scotland) Act 1995 or Article 44(4) of the M22Mental Health (Northern Ireland) Order 1986, that the accused did the act charged; and
(b)a reference to a finding in summary proceedings in Scotland, where the court makes an order under section 246(3) of the Criminal Procedure (Scotland) Act 1995 discharging the accused absolutely, that the accused committed the offence;
and cognate references shall be construed accordingly.
(3)In this Part any reference to a person being or having been found to be under a disability and to have done the act charged against him in respect of a sexual offence to which this Part applies includes a reference to his being or having been found—
(a)unfit to be tried for such an offence;
(b)to be insane so that his trial for such an offence cannot or could not proceed; or
(c)unfit to be tried and to have done the act charged against him in respect of such an offence.
(4)In subsection (1) above—
(a)any reference to admission or detention under Schedule 1 to the M23Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, and the reference to a direction under paragraph 2(1)(b) of that Schedule, include respectively—
(i)a reference to admission or detention under Schedule 1 to the M24Criminal Procedure (Insanity) Act 1964; and
(ii)a reference to a restriction order treated as made by paragraph 2(1) of that Schedule;
(b)any reference to admission or detention under any provision of Part VI of the Criminal Procedure (Scotland) Act 1995, and the reference to an order under section 57(2)(b) or 59 of that Act, include respectively—
(i)a reference to admission or detention under section 174(3) or 376(2) of the M25Criminal Procedure (Scotland) Act 1975; and
(ii)a reference to a restriction order made under section 178(1) or 379(1) of that Act; and
(c)any reference to admission or detention under regulations made under subsection (3), and the reference to a direction under subsection (2), of section 116B of the M26Army Act 1955 or the M27Air Force Act 1955 or section 63B of the M28Naval Discipline Act 1957 include respectively—
(i)a reference to admission or detention; and
(ii)a reference to a direction,
under section 46 of the M29Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986.
Textual Amendments
F1Words in s. 6(1) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 190
F2S. 5A inserted (in force for E.W.N.I. for specified purposes on 2.5.2001 and in force for S. on 31.5.2001 and wholly in force for E.W.N.I. on 1.6.2001) by 2000 c. 43, s. 66, Sch. 5 para. 6(1)(2); S.I. 2001/1651, art. 2(a)(b), S.S.I. 2001/166, art. 3
F3S. 5B inserted (in force for E.W.N.I. for specified purposes on 2.5.2001 and in force for S. on 31.5.2001 and wholly in force for E.W.N.I. on 1.6.2001) by 2000 c. 43, s. 66, Sch. 5 para. 7; S.I. 2001/1651, art. 2(a)(b); S.S.I. 2001/166, art. 3
Modifications etc. (not altering text)
C2S. 6(2) applied (E.W.) (1.12.1998) by 1998 c. 37, s. 3(3); S.I. 1998/2327, art. 4(1)(a).
S. 6(2) applied (prosp.) by S.I. 1998/2839 (N.I. 20), arts. 1(3), 7(3).
C3S. 6(3) applied (E.W.) (1.12.1998) by 1998 c. 37, s. 3(3); S.I. 1998/2327, art. 4(1)(a).
S. 6(3) applied (prosp.) by S.I. 1998/2839 (N.I. 20), arts. 1(3), 7(3).
Marginal Citations