133 Part 2: general interpretation
Sexual Offences Act 2003 (2003 c 42) | Legislation

133  Part 2: general interpretation

(1)     In this Part—

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

(a)     section 37 of the Mental Health Act 1983 (c 20), section 57(2)(a) or [57A(2)] of the Criminal Procedure (Scotland) Act 1995 (c 46) or Article 44 or 50A(2) of the Mental Health (Northern Ireland) Order 1986 (SI 1986/595 (NI 4));

(b)     Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c 25); or

[(c)     section 46 of the Mental Health Act 1983, . . . or Article 52 of the Mental Health (Northern Ireland) Order 1986;]

[“applicable date” has the meaning given by section 88D(5);]

“cautioned” means—

(a)     cautioned by a police officer [(or, in Northern Ireland, cautioned by a police officer)] after the person concerned has admitted the offence, . . .

(b)     . . .

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) [(as that Act had effect before the passing of the Criminal Justice Act 2003)];

[(b)     a community payback order made under the Criminal Procedure (Scotland) Act 1995 (c 46);]

(c)     a community

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Transferred malice

Transferred maliceThe principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is

LEXISNEXIS

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not

LEXISNEXIS

Tort—the different types of tort

Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers'

LEXISNEXIS

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claimNegligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be present:•duty of care•breach of that duty•damage (which is caused by the breach)•foreseeability of