PART 4

Financial redress: redress payments
CHAPTER 3

Applications affected by convictions for serious offences

Applicants etc. with convictions for serious offences: definitions
61
1
For the purposes of section 60—
- “imprisonment” includes detention in a young offenders institution or detention centre, detention in a Borstal institution and penal servitude,
- “murder” includes, in relation to murder committed outside Scotland, aiding, abetting, counselling, procuring or inciting murder,
- “rape”—
  1. means rape—
    1. at common law,
    2. under section 1 of the Sexual Offences Act 1956,
    3. under section 1 of the Sexual Offences Act 2003,
    4. of a child under 13 (under section 5 of that Act),
    5. by virtue of article 18 of the Criminal Justice (Northern Ireland) Order 2003 (SI 2003/1247 (N.I. 13)),
    6. under article 5 of the Sexual Offences (Northern Ireland) Order 2008 (SI 2008/1769 (N.I. 2)),
    7. of a child under 13 (under article 12 of that Order),
    8. under section 1 of the Sexual Offences (Scotland) Act 2009,
    9. of a young child (under section 18 of that Act), and
  2. includes, in relation to rape committed outside Scotland, aiding, abetting, counselling, procuring or inciting rape,
- “relevant offence” means—
  1. a violent offence, being an offence inferring personal violence other than—
    1. murder,
    2. rape, or
    3. a sexual offence,
  2. a sexual offence listed in schedule 3 of the Sexual Offences Act 2003 other than rape (but including attempted rape and conspiracy to commit rape).
2
The Scottish Ministers may by regulations modify subsection (1) to—
a
add an offence,
b
vary the description of an offence,
c
remove an offence.
S. 61 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2