House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 2 — Notification and orders

    67

 

           (b)           a period for which a person is ordered to be detained in residential

accommodation under section 44(1) of the Criminal Procedure

(Scotland) Act 1995 (c. 46),

           (c)           a period of training in a training school, or of custody in a remand

centre, which a person is liable to undergo or serve by virtue of an order

5

under section 74(1)(a) or (e) of the Children and Young Persons Act

(Northern Ireland) 1968 (c. 34 (N.I.)),

           (d)           a period for which a person is ordered to be detained in a juvenile

justice centre under Article 39 of the Criminal Justice (Children)

(Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),

10

           (e)           a period for which a person is ordered to be kept in secure

accommodation under Article 44A of the Order referred to in

paragraph (d),

           (f)           a sentence of detention in a young offender institution, a young

offenders institution or a young offenders centre,

15

           (g)           a sentence under a custodial order within the meaning of section 71AA

of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) or section 43AA of the Naval Discipline Act 1957

(c. 53),

           (h)           a sentence of detention under section 90 or 91 of the Powers of Criminal

20

Courts (Sentencing) Act 2000 (c. 6), section 208 of the Criminal

Procedure (Scotland) Act 1995 or Article 45 of the Criminal Justice

(Children) (Northern Ireland) Order 1998,

           (i)           a sentence of custody for life under section 93 or 94 of the Powers of

Criminal Courts (Sentencing) Act 2000,

25

           (j)           a sentence of detention, or custody for life, under section 71A of the

Army Act 1955 or the Air Force Act 1955 or section 43A of the Naval

Discipline Act 1957,

            as it applies to an equivalent sentence of imprisonment; and references in this

Part to prison or imprisonment are to be interpreted accordingly.

30

 130   Offences with thresholds

     (1)    This section applies to an offence which in Schedule 3 is listed subject to a

condition relating to the way in which the defendant is dealt with in respect of

the offence or (where a relevant finding has been made in respect of him) in

respect of the finding.

35

     (2)    For the purposes of this Part (including in particular section 83(6))—

           (a)           a person is to be regarded as convicted of such an offence, or

           (b)           (as the case may be) a relevant finding in relation to such an offence is

to be regarded as made,

            at the time when the condition is met.

40

     (3)    In the following subsections, references to a foreign offence are references to an

act which—

           (a)           constituted an offence under the law in force in a country outside the

United Kingdom (“the relevant foreign law”), and

           (b)           would have constituted an offence to which this section applies (but not

45

an offence, listed in Schedule 3, to which this section does not apply) if

it had been done in any part of the United Kingdom.

 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

    68

 

     (4)    In relation to a foreign offence, references to the corresponding UK offence are

references to the offence (or any offence) to which subsection (3)(b) applies in

the case of that foreign offence.

     (5)    For the purposes of this Part, a person is to be regarded as convicted under the

relevant foreign law of a foreign offence at the time when he is, in respect of the

5

offence, dealt with under that law in a way equivalent to that mentioned in

Schedule 3 as it applies to the corresponding UK offence.

     (6)    Where in the case of any person a court exercising jurisdiction under the

relevant foreign law makes in respect of a foreign offence a finding equivalent

to a relevant finding, the court’s finding is, for the purposes of this Part, to be

10

regarded as made at the time when the person is, in respect of the finding, dealt

with under that law in a way equivalent to that mentioned in Schedule 3 as it

applies to the corresponding UK offence.

     (7)    Where (by virtue of an order under section 128 or otherwise) an offence is listed

in Schedule 4 subject to a condition such as is mentioned in subsection (1), this

15

section applies to that offence as if references to Schedule 3 were references to

Schedule 4.

     (8)    In this section, “relevant finding”, in relation to an offence, means—

           (a)           a finding that a person is not guilty of the offence by reason of insanity,

or

20

           (b)           a finding that a person is under a disability and did the act charged

against him in respect of the offence.

 131   Part 2: general interpretation

In this Part—

                      “admitted to a hospital” means admitted to a hospital under—

25

                  (a)                 section 37 of the Mental Health Act 1983 (c. 20), section 57(2)(a)

or 58 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or

Article 44 or 50A(2) of the Mental Health (Northern Ireland)

Order 1986 (S.I. 1986/595 (N.I. 4));

                  (b)                 Schedule 1 to the Criminal Procedure (Insanity and Unfitness to

30

Plead) Act 1991 (c. 25); or

                  (c)                 regulations made under subsection (3) of section 116B of the

Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) or section 63B of the Naval Discipline Act

1957 (c. 53);

35

                      “cautioned” means—

                  (a)                 cautioned by a police officer after the person concerned has

admitted the offence, or

                  (b)                 reprimanded or warned within the meaning given by section 65

of the Crime and Disorder Act 1998 (c. 37),

40

                            and “caution” is to be interpreted accordingly;

                      “community order” means—

                  (a)                 a community order within the meaning of the Powers of

Criminal Courts (Sentencing) Act 2000 (c. 6);

                  (b)                 a probation order or community service order under the

45

Criminal Procedure (Scotland) Act 1995 or a supervised

attendance order made in pursuance of section 235 of that Act;

 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

    69

 

                  (c)                 a community order within the meaning of the Criminal Justice

(Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)), a

probation order under section 1 of the Probation Act (Northern

Ireland) 1950 (c. 7 (N.I.)) or a community service order under

Article 7 of the Treatment of Offenders (Northern Ireland)

5

Order 1976 (S.I. 1976/226 (N.I. 40)); or

                  (d)                 a community supervision order under paragraph 4 of Schedule

5A to the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act

1955 (3 & 4 Eliz. 2 c. 19) or Schedule 4A to the Naval Discipline

Act 1957 (c. 53);

10

                      “conviction” includes a finding of guilt by a court-martial, and

“convicted” is to be interpreted accordingly;

                      “country” includes territory;

                      “detained in a hospital” means detained in a hospital under—

                  (a)                 Part 3 of the Mental Health Act 1983 (c. 20), section 71 of the

15

Mental Health (Scotland) Act 1984 (c. 36), Part 6 of the Criminal

Procedure (Scotland) Act 1995 (c. 46) or Part III of the Mental

Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

                  (b)                 Schedule 1 to the Criminal Procedure (Insanity and Unfitness to

Plead) Act 1991 (c. 25); or

20

                  (c)                 regulations made under subsection (3) of section 116B of the

Army Act 1955 or the Air Force Act 1955 or section 63B of the

Naval Discipline Act 1957;

                      “guardianship order” means a guardianship order under section 37 of the

Mental Health Act 1983, section 58 of the Criminal Procedure

25

(Scotland) Act 1995 or Article 44 of the Mental Health (Northern

Ireland) Order 1986;

                      “home address” has the meaning given by section 84(7);

                      “interim notification order” has the meaning given by section 98(2);

                      “interim risk of sexual harm order” has the meaning given by section

30

124(2);

                      “interim sexual offences prevention order” has the meaning given by

section 107(2);

                      “local police area” has the meaning given by section 89(3);

                      “local probation board” has the same meaning as in the Criminal Justice

35

and Court Services Act 2000 (c. 43);

                      “notification order” has the meaning given by section 95(1);

                      “notification period” has the meaning given by section 81(1);

                      “order for conditional discharge” has the meaning given by each of the

following—

40

                  (a)                 section 12(3) of the Powers of Criminal Courts (Sentencing) Act

2000 (c. 6);

                  (b)                 Article 2(2) of the Criminal Justice (Northern Ireland) Order

1996;

                  (c)                 paragraph 2(1) of Schedule 5A to the Army Act 1955;

45

                  (d)                 paragraph 2(1) of Schedule 5A to the Air Force Act 1955;

                  (e)                 paragraph 2(1) of Schedule 4A to the Naval Discipline Act 1957;

                      “parental responsibility” has the same meaning as in the Children Act

1989 (c. 41) or the Children (Northern Ireland) Order 1995 (S.I. 1995/

755 (N.I. 2)), and “parental responsibilities” has the same meaning as in

50

Part 1 of the Children (Scotland) Act 1995 (c. 36);

 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

    70

 

                      “the period of conditional discharge” has the meaning given by each of

the following—

                  (a)                 section 12(3) of the Powers of Criminal Courts (Sentencing) Act

2000 (c. 6);

                  (b)                 Article 2(2) of the Criminal Justice (Northern Ireland) Order

5

1996 (S.I. 1996/3160 (N.I. 24));

                  (c)                 paragraph 2(1) of Schedule 5A to the Army Act 1955

(3 & 4 Eliz. 2 c. 18);

                  (d)                 paragraph 2(1) of Schedule 5A to the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19);

10

                  (e)                 paragraph 2(1) of Schedule 4A to the Naval Discipline Act 1957

(c. 53);

                      “probation order” has the meaning given by section 228(1) of the Criminal

Procedure (Scotland) Act 1995 (c. 46);

                      “probation period” has the meaning given by section 307(1) of the

15

Criminal Procedure (Scotland) Act 1995;

                      “qualifying period” has the meaning given by section 85(6);

                      “relevant date” has the meaning given by section 83(6) (save in the

circumstances mentioned in sections 96, 98, 105, 107 and 127);

                      “relevant offender” has the meaning given by section 81(2);

20

                      “restriction order” means—

                  (a)                 an order under section 41 of the Mental Health Act 1983 (c. 20),

section 57(2)(b) or 59 of the Criminal Procedure (Scotland) Act

1995 or Article 47(1) of the Mental Health (Northern Ireland)

Order 1986 (S.I. 1986/595 (N.I. 4));

25

                  (b)                 a direction under paragraph 2(1)(b) of Schedule 1 to the

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

(c. 25) or Article 50A(3)(b) of the Mental Health (Northern

Ireland) Order 1986; or

                  (c)                 a direction under subsection (2) of section 116B of the Army Act

30

1955 or the Air Force Act 1955 or section 63B of the Naval

Discipline Act 1957;

                      “risk of sexual harm order” has the meaning given by section 121(1);

                      “sexual offences prevention order” has the meaning given by section

104(1);

35

                      “supervision” means supervision in pursuance of an order made for the

purpose or, in the case of a person released from prison on licence, in

pursuance of a condition contained in his licence;

                      “term of service detention” means a term of detention awarded under

section 71(1)(e) of the Army Act 1955 or the Air Force Act 1955 or

40

section 43(1)(e) of the Naval Discipline Act 1957.

 132   Conditional discharges and probation orders

     (1)    The following provisions do not apply for the purposes of this Part to a

conviction for an offence in respect of which an order for conditional discharge

or, in Scotland, a probation order is made—

45

           (a)           section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000

(conviction with absolute or conditional discharge deemed not to be a

conviction);

 

 

Sexual Offences Bill [HL]
Part 2 — Notification and orders

    71

 

           (b)           Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I.

1996/3160 (N.I. 24)) (conviction with absolute or conditional discharge

deemed not to be a conviction);

           (c)           section 247(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46)

(conviction with probation order or absolute discharge deemed not to

5

be a conviction);

           (d)           paragraph 5(1) of Schedule 5A to the Army Act 1955 (3 & 4 Eliz. 2 c. 18)

or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Schedule 4A to the

Naval Discipline Act 1957 (c. 53) (conviction with absolute or

conditional discharge deemed not to be a conviction).

10

     (2)    This section applies only to convictions after the commencement of this Part.

 133   Interpretation: mentally disordered offenders

     (1)    In this Part, a reference to a conviction includes a reference to a finding of a

court in summary proceedings, where the court makes an order under an

enactment within subsection (2), that the accused did the act charged; and

15

similar references are to be interpreted accordingly.

     (2)    The enactments are—

           (a)           section 37(3) of the Mental Health Act 1983 (c. 20);

           (b)           section 58(3) of the Criminal Procedure (Scotland) Act 1995;

           (c)           Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I.

20

1986/595 (N.I. 4)).

     (3)    In this Part, a reference to a person being or having been found to be under a

disability and to have done the act charged against him in respect of an offence

includes a reference to his being or having been found—

           (a)           unfit to be tried for the offence;

25

           (b)           to be insane so that his trial for the offence cannot or could not proceed;

or

           (c)           unfit to be tried and to have done the act charged against him in respect

of the offence.

     (4)    In section 131

30

           (a)           a reference to admission or detention under Schedule 1 to the Criminal

Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and the

reference to a direction under paragraph 2(1)(b) of that Schedule,

include respectively—

                  (i)                 a reference to admission or detention under Schedule 1 to the

35

Criminal Procedure (Insanity) Act 1964 (c. 84); and

                  (ii)                a reference to a restriction order treated as made by paragraph

2(1) of that Schedule;

           (b)           a reference to admission or detention under any provision of Part 6 of

the Criminal Procedure (Scotland) Act 1995, and the reference to an

40

order under section 57(2)(b) or 59 of that Act, include respectively—

                  (i)                 a reference to admission or detention under section 174(3) or

376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and

                  (ii)                a reference to a restriction order made under section 178(1) or

379(1) of that Act;

45

           (c)           a reference to admission or detention under regulations made under

subsection (3), and the reference to a direction under subsection (2), of

 

 

Sexual Offences Bill [HL]
Part 3 — General

    72

 

section 116B of the Army Act 1955 or the Air Force Act 1955 or section

63B of the Naval Discipline Act 1957 include respectively—

                  (i)                 a reference to admission or detention, and

                  (ii)                a reference to a direction,

                         under section 46 of the Mental Health Act 1983 (c. 20), section 69 of the

5

Mental Health (Scotland) Act 1984 (c. 36) or Article 52 of the Mental

Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

 134   Part 2: Northern Ireland

     (1)    This Part applies to Northern Ireland with the following modifications.

     (2)    References to a chief officer of police are to be read as references to the Chief

10

Constable of the Police Service of Northern Ireland.

     (3)    References to police areas are to be read as references to Northern Ireland.

     (4)    References to a complaint are to be read as references to a complaint under Part

VIII of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675

(N.I. 26)) to a court of summary jurisdiction.

15

     (5)    Subject to subsection (6), references to a magistrates’ court are to be read as

references to a court of summary jurisdiction.

     (6)    References to a magistrates’ court for the area in which the defendant resides

are to be read as references to a court of summary jurisdiction for the petty

sessions district which includes the area where the defendant resides.

20

     (7)    References to a youth court for the area in which the defendant resides are to

be read as references to a youth court for the petty sessions district which

includes the area where the defendant resides.

     (8)    References in sections 99, 108(1), (2), (3)(b), (4) and (5), 117 and 125 to the

Crown Court are to be read as references to a county court.

25

     (9)    Any direction of the county court made under section 90(1) on an appeal under

Article 143 of the Magistrates’ Courts (Northern Ireland) Order 1981 (appeals

in other cases) (other than one directing that an application be re-heard by a

court of summary jurisdiction) is, for the purposes of section 91, to be treated

as if it were made by the court from which the appeal was brought and not by

30

the county court.

     (10)   Any order of the county court made on an appeal under Article 143 of the

Magistrates’ Courts (Northern Ireland) Order 1981 (other than one directing

that an application be re-heard by a court of summary jurisdiction) is, for the

purposes of section 106, to be treated as if it were an order of the court from

35

which the appeal was brought and not an order of the county court.

Part 3

General

 135   Orders and regulations

     (1)    Any power to make orders or regulations conferred by this Act on the

40

Secretary of State is exercisable by statutory instrument.

 

 

Sexual Offences Bill [HL]
Part 3 — General

    73

 

     (2)    A statutory instrument containing an order or regulations under section 23, 87

or 128 may not be made unless a draft of the instrument has been laid before,

and approved by resolution of, each House of Parliament.

     (3)    Any other statutory instrument, except one containing an order under section

138, is to be subject to annulment in pursuance of a resolution of either House

5

of Parliament.

 136   Minor and consequential amendments

Schedule 5 contains minor and consequential amendments.

 137   Repeals and revocations

The provisions listed in Schedule 6 are repealed or revoked to the extent

10

specified.

 138   Commencement

     (1)    This Act, except this section and sections 135, 139 and 140, comes into force in

accordance with provision made by the Secretary of State by order.

     (2)    An order under subsection (1) may—

15

           (a)           make different provision for different purposes;

           (b)           include supplementary, incidental, saving or transitional provisions.

 139   Extent, saving etc.

     (1)    Except as follows, this Act extends to England and Wales only.

     (2)    The following provisions also extend to Northern Ireland—

20

           (a)           sections 17 to 26, 48 to 61, 67 to 73, 79 and 80,

           (b)           Part 2, and

           (c)           this Part.

     (3)    The following provisions also extend to Scotland—

           (a)           Part 2 except sections 121 to 127, and

25

           (b)           this Part.

     (4)    Section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

continues to have effect despite the repeal by this Act of section 8 of the Sex

Offenders Act 1997.

     (5)    For the purposes of the Scotland Act 1998 (c. 46), this Act is to be taken to be a

30

pre-commencement enactment.

 140   Short title

This Act may be cited as the Sexual Offences Act 2003.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 11 June 2003