Sex Offenders Act 1997 (repealed)

6 Interpretation of Part I. U.K.

(1) In this Part—

• “admitted to a hospital” means admitted to a hospital under—

  (a)

  section 37 of the M1 Mental Health Act 1983, section 57(2)(a) or 58 of the M2 Criminal Procedure (Scotland) Act 1995 or Article 44 or 50A(2) of the M3 Mental Health (Northern Ireland) Order 1986;

  (b)

  Schedule 1 to the M4 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991; or

  (c)

  regulations made under subsection (3) of section 116B of the M5 Army Act 1955 or the M6 Air Force Act 1955 or section 63B of the Naval Discipline Act 1957;

• “community order” means—

  (a)

  a community order within the meaning of [F1 the Powers of Criminal Courts (Sentencing) Act 2000];

  (b)

  a probation order or community service order under the M7 Criminal Procedure (Scotland) Act 1995 or a supervised attendance order made in pursuance of section 235 of that Act;

  (c)

  a community order within the meaning of the M8 Criminal Justice (Northern Ireland) Order 1996, a probation order under section 1 of the M9 Probation Act (Northern Ireland) 1950 or a community service order under Article 7 of the M10 Treatment of Offenders (Northern Ireland) Order 1976; or

  (d)

  a community supervision order under paragraph 4 of Schedule 5A to the M11 Army Act 1955 or the M12 Air Force Act 1955 or Schedule 4A to the M13 Naval Discipline Act 1957;

• “detained in a hospital” means detained in a hospital under—

  (a)

  Part III of the Mental Health Act 1983, section 71 of the M14 Mental Health (Scotland) Act 1984, Part VI of the M15 Criminal Procedure (Scotland) Act 1995 or Part III of the M16 Mental Health (Northern Ireland) Order 1986;

  (b)

  Schedule 1 to the M17 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991; or

  (c)

  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 M18 Mental 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 F2 Children Act 1989 or the F3 Children (Northern Ireland) Order 1995, and “parental responsibilities” has the same meaning as in Part I of the M19 Children (Scotland) Act 1995;

• “the relevant date” has the meaning given by section 1(8) above;

• “restriction order” means—

  (a)

  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;

  (b)

  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

  (c)

  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 M20 Mental Health Act 1983, section 58(3) of the M21 Criminal Procedure (Scotland) Act 1995 or Article 44(4) of the M22 Mental 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 M23 Criminal 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 M24 Criminal 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 M25 Criminal 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 M26 Army Act 1955 or the M27 Air Force Act 1955 or section 63B of the M28 Naval Discipline Act 1957 include respectively—

(i) a reference to admission or detention; and

(ii) a reference to a direction,

under section 46 of the M29 Mental 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

F1 Words in s. 6(1) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 190

F2 S. 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

F3 S. 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)

C1 S. 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).

C2 S. 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

M1 1983 c.20.

M2 1995 c.46.

M3 S.I. 1986/595 (N.I.4).

M4 1991 c.25.

M5 1955 c.18.

M6 1955 c.19.

M7 1995 c.46.

M8 S.I. 1996/3160 (N.I.24).

M9 1950 c.7 (N.I.).

M10 S.I. 1976/226 (N.I.40).

M11 1955 c.18.

M12 1955 c.19.

M13 1957 c.53.

M14 1983 c.20.

M15 1995 c.46.

M16 S.I. 1986/595 (N.I.4).

M17 1991 c.25.

M18 1983 c.20.

M19 1995 c.36.

M20 1983 c.20.

M21 1995 c.46.

M22 S.I. 1986/595 (N.I.4).

M23 1991 c.25.

M24 1964 c.84.

M25 1975 c.21.

M26 1955 c.18.

M27 1955 c.19.

M28 1957 c.53.

M29 1984 c.36.