Part 3Victims etc

Chapter 2Representations and information

Interpretation

45Interpretation: sections 35 to 44

(1)

In sections 35 to 44—

“court” does not include a court-martial or the Courts-Martial Appeal Court;

“hospital direction” has the meaning given in section 45A(3)(a) of the Mental Health Act 1983 (c. 20);

“hospital order” has the meaning given in section 37(4) of that Act;

“licence condition” means a condition in a licence;

“limitation direction” has the meaning given in section 45A(3)(b) of the Mental Health Act 1983;

“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

“relevant sentence” means any of these—

(a)

a sentence of imprisonment for a term of 12 months or more;

(b)

a sentence of detention during Her Majesty’s pleasure;

(c)

a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (offenders under 18 convicted of certain serious offences);

(d)

a detention and training order for a term of 12 months or more;

“restriction direction” has the meaning given in section 49(2) of the Mental Health Act 1983;

“restriction order” has the meaning given in section 41(1) of that Act;

“supervision requirements” means requirements specified in a notice under section 103(6) of the Powers of Criminal Courts (Sentencing) Act 2000;

“transfer direction” has the meaning given in section 47(1) of the Mental Health Act 1983.

(2)

For the purposes of sections 35 to 44, an offence is a sexual or violent offence if it is any of these—

(a)

murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (c. 44);

(b)

an offence in respect of which the patient or offender is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42));

(c)

an offence against a child within the meaning of Part 2 of the Criminal Justice and Court Services Act 2000.