Page:Sexual Offences (Amendment) Act 1992.pdf/5

Rh :(b) a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.

(7) In relation to a body corporate whose affairs are managed by its members “director”, in subsection (6), means a member of the body corporate.

6.—(1) In this Act—
 * “complainant” has the meaning given in section 1(2);
 * “picture” includes a likeness however produced;
 * “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990; and
 * “written publication” includes a film, a sound track and any other

record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

(2) For the purposes of this Act—
 * (a) where it is alleged that an offence to which this Act applies has been committed, the fact that any person has consented to an act which, on any prosecution for that offence, would fall to be proved by the prosecution, does not prevent that person from being regarded as a person against whom the alleged offence was committed; and
 * (b) where a person is accused of an offence of incest or buggery, the other party to the act in question shall be taken to be a person against whom the offence was committed even though he consented to that act.

(3) For the purposes of this Act, a person is accused of an offence if—
 * (a) an information is laid alleging that he has committed the offence,
 * (b) he appears before a court charged with the offence,
 * (c) a court before which he is appearing commits him for trial on a new charge alleging the offence, or
 * (d) a bill of indictment charging him with the offence is preferred before a court in which he may lawfully be indicted for the offence,

and references in section 3 to an accusation alleging an offence shall be construed accordingly.

(4) Nothing in this Act affects any prohibition or restriction imposed by virtue of any other enactment upon a publication or upon matter included in a relevant programme.

7.—(1) This Act shall have effect with the modifications set out in subsection (2) in any case where, in pursuance of any provision of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, a person is charged with an offence to which this Act applies.