Sexual Offences (Protected Material) Act 1997

2 Meaning of other expressions

(1) In this Act—

• “contracted out prison” means a contracted out prison within the meaning of Part IV of the [1991 c. 53.] Criminal Justice Act 1991;

• “defendant”, in relation to any proceedings for a sexual offence, means any person charged with that offence (whether or not he has been convicted);

• “governor”, in relation to a contracted out prison, means the director of the prison;

• “inform” means inform in writing;

• “legal representative”, in relation to a defendant, means any authorised advocate or authorised litigator (as defined by section 119(1) of the [1990 c. 41.] Courts and Legal Services Act 1990) acting for the defendant in connection with any proceedings for the sexual offence in question;

• “photograph” and “pseudo-photograph” shall be construed in accordance with section 7(4) and (7) of the [1978 c. 37.] Protection of Children Act 1978;

• “prison” means any prison, young offender institution or remand centre which is under the general superintendence of, or is provided by, the Secretary of State under the [1952 c. 52.] Prison Act 1952, including a contracted out prison;

• “proceedings” means (subject to subsection (2)) criminal proceedings;

• “the prosecutor”, in relation to any proceedings for a sexual offence, means any person acting as prosecutor (whether an individual or a body);

• “relevant proceedings”, in relation to any material which has been disclosed by the prosecutor under this Act, means any proceedings for the purposes of which it has been so disclosed or any further proceedings for the sexual offence in question;

• “sexual offence” means one of the offences listed in the Schedule to this Act.

(2) For the purposes of this Act references to proceedings for a sexual offence include references to—

(a) any appeal or application for leave to appeal brought or made by or in relation to a defendant in such proceedings;

(b) any application made to the Criminal Cases Review Commission for the reference under section 9 or 11 of the [1995 c. 35.] Criminal Appeal Act 1995 of any conviction, verdict, finding or sentence recorded or imposed in relation to any such defendant; and

(c) any petition to the Secretary of State requesting him to recommend the exercise of Her Majesty’s prerogative of mercy in relation to any such defendant.

(3) In this Act, in the context of the prosecutor giving a copy of any material to any person—

(a) references to the prosecutor include references to a person acting on behalf of the prosecutor; and

(b) where any such copy falls to be given to the defendant’s legal representative, references to the defendant’s legal representative include references to a person acting on behalf of the defendant’s legal representative.