- a blackmail offence
means— a an offence under section 21 of the Theft Act 1968, b an offence under section 20 of the Theft Act (Northern Ireland) 1969, or c an offence of extortion. 5 In subsection (2)(c) the reference to incitement is— a a reference to incitement under the law of Scotland, or b in relation to any time before the coming into force of Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to England and Wales or Northern Ireland, a reference to incitement under the common law of England and Wales or (as the case may be) of Northern Ireland.”
- Act
includes omission. 6 “The Convention” means the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (formerly the Convention on the Physical Protection of Nuclear Material and renamed by virtue of the Amendment adopted at Vienna on 8th July 2005). 7 “The environment” includes land, air and water and living organisms supported by any of those media. 8 “Radioactive material” means nuclear material or any other radioactive substance which— a contains nuclides that undergo spontaneous disintegration in a process accompanied by the emission of one or more types of ionising radiation, such as alpha radiation, beta radiation, neutron particles or gamma rays, and b
- adult community service order
means a community service order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;
- application for compensation
means an application for compensation made under section 276(3) of the 2006 Act;
- appropriate adult
has the meaning given by section 65(7);
- appropriate person
means a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred.”
- authorised officer
means any HSS staff member authorised by an HSS trust to exercise the powers conferred on an authorised officer by this paragraph, and • “HSS premises”, “HSS staff member” and “HSS trust” have the same meaning as in paragraph 1.
- authorised person
means— a a constable, b an investigating officer, or c a person authorised by a relevant prosecutor for the purposes of this section. 66B 1 The first requirement is that the authorised person has evidence that the offender has committed an offence. 2 The second requirement is that a relevant prosecutor decides— a that there is sufficient evidence to charge the offender with the offence, and b that a youth conditional caution should be given to the offender in respect of the offence. 3 The third requirement is that the offender admits to the authorised person that he committed the offence. 4 The fourth requirement is that the authorised person explains the effect of the youth conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence. 5 If the offender is aged 16 or under, the explanation and warning mentioned in subsection (4) must be given in the presence of an appropriate adult. 6 The fifth requirement is that the offender signs a document which contains— a details of the offence, b an admission by him that he committed the offence, c his consent
- bail in criminal proceedings
has the same meaning as in the Bail Act 1976 (see section 1 of that Act);
- building
includes a vehicle or vessel, and • “forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.
- caution
means— a a conditional caution, that is to say, a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) (conditional cautions for adults) or under section 66A of the Crime and Disorder Act 1998 (c. 37) (conditional cautions for children and young persons);
- caution information
means information imputing that a named or otherwise identifiable living person (“the named person”) has committed, been charged with or prosecuted or cautioned for any offence which is the subject of a spent caution;
- child
includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;
- Child sex offence
means an offence listed in Schedule 34A, whenever committed. 4 “Child sex offender” means any person who— a has been convicted of such an offence, 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 the person in respect of such an offence, or d has been cautioned in respect of such an offence. 5 In relation to a responsible authority, references to information about the relevant previous convictions of a child sex offender are references to information about— a convictions, findings and cautions mentioned in subsection (4)(a) to (d) which relate to the offender, and b any
- Child sex offender
means any person who— a has been convicted of such an offence, 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 the person in respect of such an offence, or d has been cautioned in respect of such an offence. 5 In relation to a responsible authority, references to information about the relevant previous convictions of a child sex offender are references to information about— a convictions, findings and cautions mentioned in subsection (4)(a) to (d) which relate to the offender, and b anything under the law of any country or territory outside England and Wales which in
- classified work
means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section);
- community order
means an order made under section 177 of the Criminal Justice Act 2003;
- conditional caution
means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.”
- country
includes territory;
- custodial sentence
means— (a) a sentence of imprisonment, any other sentence or order mentioned in section 222(1) of the Sentencing Code (as in force at any time after the passing of this Act) or any corresponding sentence or order imposed or made under any enactment passed before that section came into force, or (b) a relevant service sentence (see subsection (2) below);
- designated authority
means an authority which has been designated by the Secretary of State under section 4 of that Act;
- electronic monitoring condition
means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;
- electronic monitoring requirements
means requirements imposed for the purpose of securing the electronic monitoring of a person's compliance with any other requirement imposed on him as a condition of bail.”
- English NHS premises
means— (a) any hospital vested in, or managed by, a relevant English NHS body, (b) any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant English NHS body), and (c) the hospital grounds, • “hospital grounds” means land in the vicinity of a hospital and associated with it, • “NHS premises” means English NHS premises or Welsh NHS premises, • “NHS staff member” means a person employed by a relevant English NHS body, or a relevant Welsh NHS body, or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise), • “relevant English NHS body” means— (a) a National Health Service trust (see section 25 of the National Health Service Act 2006 (c. 41)), all or most of whose hospitals, establishments and facilities are situated in England, (b)...
- English NHS staff member
means a person employed by a relevant English NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise), • “Welsh NHS staff member” means a person employed by a relevant Welsh NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise).
- extract
includes an extract consisting of a single image;
- forces accommodation
means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.
- gross misconduct
means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal;
- guidance
includes altered or replacement guidance. 55D 1 This section applies in relation to any penalty payable to the Commissioner by virtue of section 55A. 2 In England and Wales, the penalty is recoverable— a if a county court so orders, as if it were payable under an order of that court;
- hatred on the grounds of sexual orientation
means hatred against a group of persons defined by reference to sexual orientation (whether towards persons of the same sex, the opposite sex or both).”
- home address
has the meaning given by section 108(5);
- hospital grounds
means land in the vicinity of a hospital and associated with it, • “NHS premises” means English NHS premises or Welsh NHS premises, • “NHS staff member” means a person employed by a relevant English NHS body, or a relevant Welsh NHS body, or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise), • “relevant English NHS body” means— (a) a National Health Service trust (see section 25 of the National Health Service Act 2006 (c. 41)), all or most of whose hospitals, establishments and facilities are situated in England, (b)...
- hospital order
means— (a) an order under section 37 of the Mental Health Act 1983 (c. 20) or section 60 of the Mental Health Act 1959 (c. 72), or (b) any other order providing for the admission of a person to hospital following a finding of the kind mentioned in section 99(2)(b) or (c) of this Act;
- image
has the same meaning as in section 63.
- industrial action
means— a the withholding of services as a prison officer;
- Information
means information held in any form. 4 “Prescribed” means prescribed by regulations made by the Lord Chancellor. 5 Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the Data Protection Act 1998.”
- interim violent offender order
means an order made under section 104;
- investigating officer
means an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or a person designated as an investigating officer under section 38 of the Police Reform Act 2002 (c. 30);
- kept in service custody
means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (c. 52);
- legitimate purpose
means—
- mental health legislation
means— (a) Part 3 of the Mental Health Act 1983, or (b) the provisions of any earlier enactment corresponding to Part 3 of that Act;
- mental health treatment requirement
means— (a) in relation to a community order, a mental health treatment requirement under section 207 of the Criminal Justice Act 2003, and (b) in relation to a youth rehabilitation order, a mental health treatment requirement under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008;
- misconduct
means a breach of the Standards of Professional Behaviour;
- nephew
means the child of a person’s brother or sister, and “niece” has a corresponding meaning.
- non-consensual harm
has the same meaning as in section 66.
- notifiable event
means—
- notification date
means, in relation to the offender, the date of any notification given by the offender under section 108(1) or 109(1) or subsection (1) above.
- nuclear material
has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act).”
- nuclear offence
means any of the following (wherever committed)— a an offence mentioned in section 1(1)(a) to (d) above (other than a blackmail offence), the commission of which is (or would have been) in relation to or by means of nuclear material;
- Offending material
means material the possession or publication of which constitutes the offence in question.
- official record
means a record which— i contains information about persons given a caution for any offence or offences;
- parent
includes an adoptive parent;
- photograph
includes any process by means of which an image may be produced.
- police appeals tribunal
means a tribunal constituted in accordance with regulations under this section;
- prescribed
means prescribed by regulations made by the Secretary of State. 55B 1 Before serving a monetary penalty notice, the Commissioner must serve the data controller with a notice of intent. 2 A notice of intent is a notice that the Commissioner proposes to serve a monetary penalty notice. 3 A notice of intent must— a inform the data controller that he may make written representations in relation to the Commissioner's proposal within a period specified in the notice, and b contain such other information as may be prescribed. 4 The Commissioner may not serve a monetary penalty notice until the time within which the data controller may make representations has expired. 5 A person on whom a monetary penalty notice is served may appeal to the Tribunal against— a the issue of the monetary penalty notice;
- prescribed change of circumstances
means any change—
- preventative civil orders
means— (a) orders within section 3(2)(fa) to (fe) above;
- proceedings before a judicial authority
has the same meaning as in section 4. 3 1 A person who is given a caution for an offence shall, from the time the caution is spent, be treated for all purposes in law as a person who has not committed, been charged with or prosecuted for, or been given a caution for the offence;
- qualifying curfew condition
means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day;
- qualifying offender
has the meaning given by section 99(1);
- qualifying period
means—
- Radioactive material
means nuclear material or any other radioactive substance which— a contains nuclides that undergo spontaneous disintegration in a process accompanied by the emission of one or more types of ionising radiation, such as alpha radiation, beta radiation, neutron particles or gamma rays, and b is capable, owing to its radiological or fissile properties, of— i causing bodily injury to a person, ii causing damage or destruction to property, iii endangering a person's life, or iv causing damage to the environment.”
- recording
means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).
- related offence
means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.”
- relevant act
means—
- relevant authority
means— (a) where the officer concerned is a member of the Ministry of Defence Police (other than a senior officer), the chief constable for the Ministry of Defence Police;
- relevant criminal justice provisions
means provisions of, or made under, an Act which—
- relevant English NHS body
means— (a) a National Health Service trust (see section 25 of the National Health Service Act 2006 (c. 41)), all or most of whose hospitals, establishments and facilities are situated in England, (b)...
- relevant function
means—
- relevant lawyer
means— (a) in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act), and (b) in relation to Scotland or Northern Ireland, counsel or a solicitor;
- relevant Minister
means— a the Scottish Ministers in a case where the person who is the subject of the proposed transfer of responsibility is— i a person to whom subsection (2) applies who is for the time being required to be detained at a place in Scotland;
- relevant NHS body
means a relevant English NHS body or a relevant Welsh NHS body.
- relevant offence
means an act which—
- relevant person
means any person who, in the course of his official duties (anywhere in the United Kingdom), has or at any time has had custody of or access to any official record or the information contained in it. 2 Subject to the terms of any order made under subsection (5), a relevant person shall be guilty of an offence if, knowing or having reasonable cause to suspect that any caution information he has obtained in the course of his official duties is caution information, he discloses it, otherwise than in the course of those duties, to another person. 3 In any proceedings for an offence under subsection (2) it shall be a defence for the defendant to show that the disclosure was made— a to the named person or to another person at the express request of the named person;
- relevant prosecutor
means— i the Attorney General, ii the Director of the Serious Fraud Office, iii the Director of Revenue and Customs Prosecutions, iv the Director of Public Prosecutions, v the Secretary of State, or vi a person who is specified in an order made by the Secretary State as being a relevant prosecutor for the purposes of this Chapter;
- relevant sum
has the same meaning as in section 22(1) of the Magistrates' Courts Act 1980 (certain either way offences to be tried summarily if value involved is less than the relevant sum);
- relevant superseded enactment
means— a any of sections 1 to 32 of the Sexual Offences Act 1956;
- relevant superseded offence
means— a rape or burglary with intent to rape;
- relevant Welsh NHS body
means— (a) a National Health Service trust (see section 18 of the National Health Service (Wales) Act 2006 (c. 42)), all or most of whose hospitals, establishments and facilities are situated in Wales, or (b) a Local Health Board (see section 11 of that Act), • “vehicle” includes an air ambulance, • “Welsh NHS premises” means— (a) any hospital vested in, or managed by, a relevant Welsh NHS body, (b) any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant Welsh NHS body), and (c) the hospital grounds.
- remanded for mental health purposes
means remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 or under any corresponding provision of any earlier enactment;
- remanded in custody
has the meaning given by section 242(2) of the Criminal Justice Act 2003, but that subsection applies for the purposes of this section as if any reference there to a provision of the Mental Health Act 1983 included a reference to any corresponding provision of any earlier enactment. 9 In relation to Northern Ireland, “remanded in custody” means— a remanded in or committed to custody by an order of a court, or b remanded, admitted or removed to hospital under Article 42, 43, 45 or 54 of the Mental Health (Northern Ireland) Order 1986 or under any corresponding provision of any earlier enactment.”
- respondent
includes a person who will be a respondent if leave to appeal is granted.”
- restriction order
means an order under section 41 of the Mental Health Act 1983 or section 65 of the Mental Health Act 1959;
- reversed
has the same meaning as in section 276 of this Act. 7 If, as a result of the miscarriage of justice— a two or more convictions are reversed, or b a pardon is given in respect of two or more offences, “the relevant offence” means any of the offences concerned.”
- scheduled offence
means an offence mentioned in Schedule 2 to that Act (offences for which the value involved is relevant to the mode of trial);
- section 1B or 1C order
means an order under section 1B or section 1C of the Crime and Disorder Act 1998 (c. 37).
- senior officer
means a member of the Ministry of Defence Police holding a rank above that of chief superintendent. 5 But in prescribed circumstances “relevant authority” also includes— a in relation to England and Wales, the Independent Police Complaints Commission;
- service detention
has the meaning given by section 374 of the Armed Forces Act 2006;
- service law
means—
- service offence
means— (a) any offence against any provision of Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53);
- Service provider
means a person providing an information society service.
- Specified
means specified by a relevant prosecutor. 5 Conditions attached by virtue of subsection (4)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation. 6 The Secretary of State may by order amend subsection (5) by substituting a different figure. 7 In this section, “authorised person” means— a a constable, b an investigating officer, or c a person authorised by a relevant prosecutor for the purposes of this section. 66B 1 The first requirement is that the authorised person has evidence that the offender has committed an offence. 2 The second requirement is that a relevant prosecutor decides— a that there is sufficient evidence to charge the offender with the offence, and b that a youth conditional caution should be given to the offender in respect of the offence. 3 The third requirement is that the offender admits to the authorised person that he committed the offence. 4 The fourth requirement is that the authorised person explains the effect of the youth conditional caution to the offender and warns him that failure to comply with a
- specified offence
means—
- specified persons
means persons specified, or of a description specified, in the regulations.
- subordinate legislation
has the same meaning as in the Interpretation Act 1978 (c. 30).
- summary proceedings
means summary proceedings conducted by a commanding officer or appropriate superior authority.
- supervision order
means— (a) a supervision order within the meaning of Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84), or (b) a supervision and treatment order within the meaning of Schedule 2 to that Act;
- the 1988 Act
means the Criminal Justice Act 1988 (c. 33);
- the 2006 Act
means the Armed Forces Act 2006 (c. 52);
- the applicable period
means—
- the appropriate date
has the meaning given by section 100(5);
- The appropriate time
means—
- the commencement date
means the date on which paragraphs 29 and 30 come into force;
- The Convention
means the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (formerly the Convention on the Physical Protection of Nuclear Material and renamed by virtue of the Amendment adopted at Vienna on 8th July 2005). 7 “The environment” includes land, air and water and living organisms supported by any of those media. 8 “Radioactive material” means nuclear material or any other radioactive substance which— a contains nuclides that undergo spontaneous disintegration in a process accompanied by the emission of one or more types of ionising radiation, such as alpha radiation, beta radiation, neutron particles or gamma rays, and b is capable, owing to its r
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- the E-Commerce Directive
means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
- The environment
includes land, air and water and living organisms supported by any of those media. 8 “Radioactive material” means nuclear material or any other radioactive substance which— a contains nuclides that undergo spontaneous disintegration in a process accompanied by the emission of one or more types of ionising radiation, such as alpha radiation, beta radiation, neutron particles or gamma rays, and b is capable, owing to its radiological or fissile properties, of— i causing bodily injury to a person, ii causing damage or destruction to property, iii endangering a person's life, or iv causing damage to the environment.”
- the offender
has the meaning given by section 66A(1);
- the proper officer
has the same meaning as in the Criminal Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005 (S.R (N.I.) 2005/159).
- the relevant offence
means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7));
- the relevant period
means—
- the relevant period for the caution
means (subject to sub-paragraph (3)) the period of three months from the date on which the conditional caution was given. 3 If the person concerned is subsequently prosecuted and convicted of the offence in respect of which a conditional caution was given— a the relevant period for the caution shall end at the same time as the rehabilitation period for the offence;
- the relevant person
means— as the case may be.
- the relevant police authority
means the police authority which maintains— i the police force of which the appellant is a member, or ii the police force for the area for which the appellant is appointed as a special constable, as the case may be.”
- the relevant provisions of the Legal Services Act 2007
means the provisions of that Act which provide, for the purposes of that Act, for a person to be an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).
- the responsible person
means, as the case may be— a the person who made the arrangements under paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;
- the Standards of Professional Behaviour
means the standards so described in, and established by, regulations made by the Secretary of State.”
- uncle
means the brother of a person’s parent, and “aunt” has a corresponding meaning;
- United Kingdom national
means an individual who is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
- United Kingdom resident
means an individual who is resident in the United Kingdom. 10 Schedule 2 lists the sexual offences to which this section applies.”
- vagina
includes vulva;
- vehicle
includes an air ambulance, • “Welsh NHS premises” means— (a) any hospital vested in, or managed by, a relevant Welsh NHS body, (b) any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant Welsh NHS body), and (c) the hospital grounds.
- violent offender order
has the meaning given by section 98(1).
- Welsh NHS premises
means— (a) any hospital vested in, or managed by, a relevant Welsh NHS body, (b) any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant Welsh NHS body), and (c) the hospital grounds.
- Welsh NHS staff member
means a person employed by a relevant Welsh NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise).
- youth community service order
means a community service order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;
- youth conditional caution
means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply. 3 The conditions which may be attached to such a caution are those which have one or more of the following objects— a facilitating the rehabilitation of the offender;
- youth rehabilitation order
means an order made under section 1 of the Criminal Justice and Immigration Act 2008.”