PART 4TRAFFICKING AND EXPLOITATION PREVENTION AND RISK ORDERS

Offences and supplementary provision

34Interpretation of Part 4

I11

In this Part—

  • “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,

  • “chief constable” means chief constable of the Police Service of Scotland,

  • “interim trafficking and exploitation prevention order” means an order made under section 24,

  • “interim trafficking and exploitation risk order” means an order made under section 30,

  • “passport” means—

    1. a

      a United Kingdom passport within the meaning of the Immigration Act 1971,

    2. b

      a passport issued by or on behalf of the authorities of a country outwith the United Kingdom, or by or on behalf of an international organisation,

    3. c

      a document that can be used (in some or all circumstances) instead of a passport,

  • “relevant offender” has the meaning given by section 19,

  • “relevant trafficking or exploitation offence” means an offence listed in section 16(1),

  • “trafficking and exploitation prevention order” means an order made under section 17 or 18 or varied or renewed under section 22 or 23,

  • “trafficking and exploitation risk order” means an order made under section 26 or varied or renewed under section 29.

2

In this Part, a reference to a conviction includes a conviction for an offence in respect of which an order for—

a

absolute discharge is made under section 246(2) of the 1995 Act, despite section 247(1) of the 1995 Act,

b

conditional discharge is made, despite—

i

section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (conviction with conditional discharge deemed not to be a conviction),

ii

article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (effect of discharge).

3

Subsection (2) applies only to convictions after this Part comes into force.

4

In this Part, a reference to a conviction includes a finding of a court in summary proceedings that the accused did the act charged, where the court makes an order under—

a

section 37(3) of the Mental Health Act 1983 (hospital or guardianship),

b

section 58(3) of the 1995 Act (hospital or guardianship), or

c

article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595) (hospital admission or guardianship).

5

In relation to an offence under the law of England and Wales or Northern Ireland, a reference in this Part to a person being acquitted by reason of the special defence in section 51A of the 1995 Act is to be treated as a reference to a person being found not guilty by reason of insanity.

6

In this Part, a reference to a finding that a person is under a disability and has done the act charged against the person in respect of an offence includes a finding (under section 53F of the 1995 Act or otherwise) that a person is insane or unfit to be tried and has done the act charged against the person in respect of an offence.