Criminal Justice Act 2003

[F1 327B Section 327A: interpretation E+W

(1) This section applies for the purposes of section 327A.

(2) “Child” means a person under 18.

(3) “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.

[F2 (4A) “The data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

(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 the opinion of the responsible authority corresponds to any conviction, finding or caution within paragraph (a) (however described).

(6) References to serious harm caused by a child sex offender are references to serious physical or psychological harm caused by the offender committing any offence listed in any paragraph of Schedule 34A other than paragraphs 1 to 6 (offences under provisions repealed by Sexual Offences Act 2003).

(7) A responsible authority for any area manages a child sex offender if the offender is a person who poses risks in that area which fall to be managed by the authority under the arrangements established by it under section 325.

(8) For the purposes of this section the provisions of section 4 of, and paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent convictions and cautions) are to be disregarded.

(9) In this section “cautioned”, in relation to any person and any offence, means—

(a) cautioned after the person has admitted the offence, F3 ...

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 (mentally disordered offenders) apply for the purposes of this section as they apply for the purposes of Part 2 of that Act.]

Textual Amendments

F1 Ss. 327A, 327B inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140, 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 43

F2 S. 327B(4A) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 97 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F3 S. 327B(9)(b) and word omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 26 (with s. 135(4)); S.I. 2013/453, art. 4(f)