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Sexual Offences Act 1956

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This is the original version (as it was originally enacted).

45Meaning of "defective"

(1)In this Act, " defective " means a person—

(a)in whose case there exists mental defectiveness which is of such a degree that he requires care, supervision and control for his own protection or for the protection of others or, in the case of a child, involves disability of mind of such a nature and extent as to make him, for the purposes of section fifty-seven of the Education Act, 1944, incapable of receiving education at school; or

(b)in whose case there exists mental defectiveness coupled with strongly vicious or criminal propensities and who requires care, supervision and control for the protection of others.

(2)For the purposes of this section, " mental defectiveness " means a condition of arrested or incomplete development of mind existing before the age of eighteen, whether arising from inherent causes or induced by disease or injury.

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