Page:Sexual Offences Act 2003.pdf/71

Sexual Offences Act 2003 (c. 42) Part 2—Notification and orders (2) “Protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom” means protecting persons under 16 generally or any particular person under 16 from serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom.

(3) Acts and behaviour include those occurring before the commencement of this Part.

(4) “Qualifying offender” has the meaning given by section 116.

(5) “Appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (1) or (3) of section 116.

(6) In this section and section 116 as they apply to Northern Ireland, references to persons, or to a person, under 16 are to be read as references to persons, or to a person, under 17.

116 Section 114: qualifying offenders

(1) A person is a qualifying offender for the purposes of section 114 if, whether before or after the commencement of this Part, he—
 * (a) has been convicted of an offence within subsection (2),
 * (b) has been found not guilty of such an offence by reason of insanity,
 * (c) has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
 * (d) in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.

(2) The offences are—
 * (a) an offence within any of paragraphs 13 to 15, 44 to 46, 77, 78 and 82 of Schedule 3;
 * (b) an offence within paragraph 31 of that Schedule, if the intended offence was an offence against a person under 16;
 * (c) an offence within paragraph 93 of that Schedule, if—
 * (i) the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;
 * (ii) the corresponding civil offence is an offence within paragraph 31 of that Schedule, and the intended offence was an offence against a person under 16; or
 * (iii) the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 30 and 32 to 35 of that Schedule, and the victim of the offence was under 16 at the time of the offence.
 * (d) an offence within any other paragraph of that Schedule, if the victim of the offence was under 16 at the time of the offence.

(3) A person is also a qualifying offender for the purposes of section 114 if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
 * (a) he has been convicted of a relevant offence (whether or not he has been punished for it),