Part VIIIMiscellaneous and supplementary

Interpretation

161Meaning of “associated offence”, “sexual offence”, “violent offence” and “protecting the public from serious harm”

1

For the purposes of this Act, an offence is associated with another if—

a

the offender is convicted of it in the proceedings in which he is convicted of the other offence, or (although convicted of it in earlier proceedings) is sentenced for it at the same time as he is sentenced for that offence; or

b

the offender admits the commission of it in the proceedings in which he is sentenced for the other offence and requests the court to take it into consideration in sentencing him for that offence.

2

In this Act, “sexual offence” means any of the following—

a

an offence under the [1956 c. 69.] Sexual Offences Act 1956, other than an offence under section 30, 31 or 33 to 36 of that Act;

b

an offence under section 128 of the [1959 c. 72.] Mental Health Act 1959;

c

an offence under the [1960 c. 33.] Indecency with Children Act 1960;

d

an offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape;

e

an offence under section 54 of the [1977 c. 45.] Criminal Law Act 1977;

f

an offence under the [1978 c. 37.] Protection of Children Act 1978;

g

an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit any of the offences in paragraphs (a) to (f) above;

h

an offence under section 1 of the [1981 c. 47.] Criminal Attempts Act 1981 of attempting to commit any of those offences;

i

an offence of inciting another to commit any of those offences.

3

In this Act, “violent offence” means an offence which leads, or is intended or likely to lead, to a person’s death or to physical injury to a person, and includes an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition).

4

In this Act any reference, in relation to an offender convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.