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Sexual Offences Act 2003

Sexual Offences Act 2003 s 135

s 135 Interpretation: mentally disordered offenders

(1) In this Part, a reference to a conviction includes a reference to a finding of a court in summary proceedings, where the court makes an order under an enactment within subsection (2), that the accused did the act charged; and similar references are to be interpreted accordingly. (2) The enactments are— (a) section 37(3) of the Mental Health Act 1983 (c. 20); (b) section 58(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46); (c) Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)). (2A) In the application of this Part in relation to Scotland, a reference to a person being found not guilty of an offence by reason of insanity is to be read as a reference to a person being acquitted of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995. (3) In this Part, a reference to a person being or having been found to be under a disability and to have done the act charged against him in respect of an offence includes a reference to his being or having been found— (a) unfit to be tried for the offence; (b) to be insane so that his trial for the offence cannot or could not proceed; or (c) unfit to be tried and to have done the act charged against him in respect of the offence. (4) In section 133— (a) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and the reference to a direction under paragraph 2(1)(b) of that Schedule, include respectively— (i) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity) Act 1964 (c. 84); and (ii) a reference to a restriction order treated as made by paragraph 2(1) of that Schedule; (b) a reference to admission or detention under any provision of Part 6 of the Criminal Procedure (Scotland) Act 1995, and the reference to an order under section 57(2)(b) or 59 of that Act, include respectively— (i) a reference to admission or detention under section 174(3) or 376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and (ii) a reference to a restriction order made under section 178(1) or 379(1) of that Act; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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