Page:Sexual Offences Act 2003.pdf/101

Sexual Offences Act 2003 (c. 42) Schedule 3—Sexual offences for purposes of Part 2 (2) A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under an enactment referred to in sub-paragraph (1), as a reference to being sentenced to a term of service detention of at least 112 days.

General

94 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.

95 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 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 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) and (8) 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.

98 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. Rh

Scope of Schedule

1 This Schedule applies where a relevant offender is subject to the notification requirements of this Part as a result of a conviction, finding or caution in respect of an offence under—
 * (a) section 12 or 13 of the Sexual Offences Act 1956 (c. 69) (buggery or indecency between men), or