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Sexual Offences Act 2003

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This is the original version (as it was originally enacted).

133Part 2: general interpretation

This sectionnoteType=Explanatory Notes has no associated

(1)In this Part—

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

    (a)

    section 37 of the Mental Health Act 1983 (c. 20), section 57(2)(a) or 58 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 or 50A(2) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

    (b)

    Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25); or

    (c)

    regulations under subsection (3) of section 116B of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 63B of the Naval Discipline Act 1957 (c. 53);

  • “cautioned” means—

    (a)

    cautioned by a police officer after the person concerned has admitted the offence, or

    (b)

    reprimanded or warned within the meaning given by section 65 of the Crime and Disorder Act 1998 (c. 37),

    and “caution” is to be interpreted accordingly;

  • “community order” means—

    (a)

    a community order within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

    (b)

    a probation order or community service order under the 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 Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)), a probation order under section 1 of the Probation Act (Northern Ireland) 1950 (c. 7 (N.I.)) or a community service order under Article 7 of the Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I. 40)); or

    (d)

    a community supervision order;

  • “community supervision order” means an order under paragraph 4 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;

  • “country” includes territory;

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

    (a)

    Part 3 of the Mental Health Act 1983, section 71 of the Mental Health (Scotland) Act 1984 (c. 36), Part 6 of the Criminal Procedure (Scotland) Act 1995 or Part III of the Mental Health (Northern Ireland) Order 1986;

    (b)

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

    (c)

    regulations 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 Mental Health Act 1983 (c. 20), section 58 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Article 44 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

  • “home address” has the meaning given by section 83(7);

  • “interim notification order” has the meaning given by section 100(2);

  • “interim risk of sexual harm order” has the meaning given by section 126(2);

  • “interim sexual offences prevention order” has the meaning given by section 109(2);

  • “local police area” has the meaning given by section 88(3);

  • “local probation board” has the same meaning as in the Criminal Justice and Court Services Act 2000 (c. 43);

  • “notification order” has the meaning given by section 97(1);

  • “notification period” has the meaning given by section 80(1);

  • “order for conditional discharge” has the meaning given by each of the following—

    (a)

    section 12(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

    (b)

    Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));

    (c)

    paragraph 2(1) of Schedule 5A to the Army Act 1955 (3 & 4 Eliz. 2 c. 18);

    (d)

    paragraph 2(1) of Schedule 5A to the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);

    (e)

    paragraph 2(1) of Schedule 4A to the Naval Discipline Act 1957 (c. 53);

  • “parental responsibility” has the same meaning as in the Children Act 1989 (c. 41) or the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2)), and “parental responsibilities” has the same meaning as in Part 1 of the Children (Scotland) Act 1995 (c. 36);

  • “the period of conditional discharge” has the meaning given by each of the following—

    (a)

    section 12(3) of the Powers of Criminal Courts (Sentencing) Act 2000;

    (b)

    Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996;

    (c)

    paragraph 2(1) of Schedule 5A to the Army Act 1955;

    (d)

    paragraph 2(1) of Schedule 5A to the Air Force Act 1955;

    (e)

    paragraph 2(1) of Schedule 4A to the Naval Discipline Act 1957;

  • “probation order” has the meaning given by section 228(1) of the Criminal Procedure (Scotland) Act 1995;

  • “probation period” has the meaning given by section 307(1) of the Criminal Procedure (Scotland) Act 1995;

  • “relevant date” has the meaning given by section 82(6) (save in the circumstances mentioned in sections 98, 100, 107, 109 and 129);

  • “relevant offender” has the meaning given by section 80(2);

  • “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 (c. 25) or Article 50A(3)(b) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)); or

    (c)

    a direction under subsection (2) of section 116B of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 63B of the Naval Discipline Act 1957 (c. 53);

  • “risk of sexual harm order” has the meaning given by section 123(1);

  • “sexual offences prevention order” has the meaning given by section 106(1);

  • “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)Where under section 141 different days are appointed for the commencement of different provisions of this Part, a reference in any such provision to the commencement of this Part is to be read (subject to section 98(4)) as a reference to the commencement of that provision.

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