Sexual Offences Act 2003

General U.K.

94 U.K. A reference in a preceding paragraph to an offence includes—

(a) a reference to an attempt, conspiracy or incitement to commit that offence, and

(b) except in paragraphs 36 to 43, a reference to aiding, abetting, counselling or procuring the commission of that offence.

[F1 94A U.K. A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.]

Textual Amendments

F1 Sch. 3 para. 94A inserted (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(2), 94, Sch. 6 para. 63(2) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

95 U.K. A reference in a preceding paragraph to a person’s age is—

(a) in the case of an indecent photograph, a reference to the person’s age when the photograph was taken;

(b) in any other case, a reference to his age at the time of the offence.

96 U.K. In this Schedule “community sentence” has—

(a) in relation to England and Wales, the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and

(b) in relation to Northern Ireland, the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

97 U.K. For the purposes of paragraphs 14, 44 and 78—

(a) a person is to be taken to have been under 16 at any time if it appears from the evidence as a whole that he was under that age at that time;

(b) section 7 of the Protection of Children Act 1978 (c. 37) (interpretation), subsections (2) to (2C) [F2 and (8) to (10)] of section 52 of the Civic Government (Scotland) Act 1982 (c. 45), and Article 2(2) and (3) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each provision applies for the purposes of the Act or Order of which it forms part.

Textual Amendments

F2 Words in Sch. 3 para. 97(b) substituted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 41(3)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.

98 U.K. A determination under paragraph 60 constitutes part of a person’s sentence, within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal or review.