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Domestic Violence, Crime and Victims Act 2004

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Sexual Offences Act 2003 (c. 42)E+W+S+N.I.

57(1)Section 133 of the Sexual Offences Act 2003 (general interpretation of Part 2) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in the definition of “admitted to a hospital”, for paragraph (c) substitute—

(c)section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;;

(b)in the definition of “detained in a hospital”, for paragraph (c) substitute—

(c)section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;;

(c)in the definition of “restriction order”, for paragraph (c) substitute—

(c)a direction under section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;.

(3)After that subsection insert—

(1A)A reference to a provision specified in paragraph (a) of the definition of “admitted to a hospital”, “detained in a hospital” or “restriction order” includes a reference to the provision as it applies by virtue of—

(a)section 5 of the Criminal Procedure (Insanity) Act 1964,

(b)section 6 or 14 of the Criminal Appeal Act 1968,

(c)section 116A of the Army Act 1955 or the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957, or

(d)section 16 or 23 of the Courts-Martial (Appeals) Act 1968.

58In section 135 of that Act (interpretation: mentally disordered offenders), omit subsection (4)(c).E+W+S+N.I.

59(1)Schedule 5 to that Act (other offences for the purposes of sexual offences prevention orders) is amended as follows.E+W+S+N.I.

(2)After paragraph 63 insert—

63AAn offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

(3)After paragraph 171 insert—

171AAn offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

(4)In paragraph 172, for “63” substitute “ 63A ”.

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