Criminal Justice and Courts Services Act 2000

68 Section 67: interpretation

(1) For the purposes of section 67, a person is a relevant sexual or violent offender if he falls within one or more of subsections (2) to (5).

(2) A person falls within this subsection if he is subject to the notification requirements of Part I of the [1997 c. 51.] Sex Offenders Act 1997.

(3) A person falls within this subsection if—

(a) he is convicted by a court in England or Wales of a sexual or violent offence (within the meaning of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000), and

(b) one of the following sentences is imposed on him in respect of the conviction—

(i) a sentence of imprisonment for a term of 12 months or more,

(ii) a sentence of detention in a young offender institution for a term of 12 months or more,

(iii) a sentence of detention during Her Majesty’s pleasure,

(iv) a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences),

(v) a detention and training order for a term of 12 months or more, or

(vi) a hospital or guardianship order within the meaning of the [1983 c. 20.] Mental Health Act 1983.

(4) A person falls within this subsection if—

(a) he is found not guilty by a court in England or Wales of a sexual or violent offence (within the meaning of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000) by reason of insanity or to be under a disability and to have done the act charged against him in respect of such an offence, and

(b) one of the following orders is made in respect of the act charged against him as the offence—

(i) an order that he be admitted to hospital, or

(ii) a guardianship order within the meaning of the [1983 c. 20.] Mental Health Act 1983.

(5) A person falls within this subsection if the first condition set out in section 28(2) or 29(2) or the second condition set out in section 28(3) or 29(3) is satisfied in his case.

(6) In this section “court” does not include a court-martial or the Courts-Martial Appeal Court.