Crime and Disorder Act 1998

3 Sex offender orders: supplemental. E+W

(1) In section 2 above and this section “sex offender” means a person who—

(a) has been convicted of a sexual offence to which Part I of the M1 Sex Offenders Act 1997 applies;

(b) has been found not guilty of such an offence by reason of insanity, or found to be under a disability and to have done the act charged against him in respect of such an offence;

(c) has been cautioned by a constable, in England and Wales or Northern Ireland, in respect of such an offence which, at the time when the caution was given, he had admitted; or

(d) has been punished under the law in force in a country or territory outside the United Kingdom for an act which—

(i) constituted an offence under that law; and

(ii) would have constituted a sexual offence to which that Part applies if it had been done in any part of the United Kingdom.

(2) In subsection (1) of section 2 above “the relevant date”, in relation to a sex offender, means—

(a) the date or, as the case may be, the latest date on which he has been convicted, found, cautioned or punished as mentioned in subsection (1) above; or

(b) if later, the date of the commencement of that section.

(3) Subsections (2) and (3) of section 6 of the M2 Sex Offenders Act 1997 apply for the construction of references in subsections (1) and (2) above as they apply for the construction of references in Part I of that Act.

(4) In subsections (1) and (2) above, any reference to a person having been cautioned shall be construed as including a reference to his having been reprimanded or warned (under section 65 below) as a child or young person.

(5) An act punishable under the law in force in any country or territory outside the United Kingdom constitutes an offence under that law for the purposes of subsection (1) above, however it is described in that law.

(6) Subject to subsection (7) below, the condition in subsection (1)(d)(i) above shall be taken to be satisfied unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(a) stating that, on the facts as alleged with respect to the act in question, the condition is not in his opinion satisfied;

(b) showing his grounds for that opinion; and

(c) requiring the applicant to show that it is satisfied.

(7) The court, if it thinks fit, may permit the defendant to require the applicant to show that the condition is satisfied without the prior service of a notice under subsection (6) above.

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Marginal Citations

M1 1997 c.51.

M2 1997 c.51.