(1)For the purposes of this Part an individual commits a relevant offence if the individual—
(a)commits an offence which falls within paragraph 1 of schedule 1, or
(b)falls within paragraph 2 of that schedule,
and references to being convicted of, or charged with, a relevant offence are to be construed accordingly.
(2)Ministers may by order modify schedule 1 so as to modify the circumstances in which an individual is to be treated for the purposes of this Part as having committed a relevant offence.
(3)Subsection (4) applies to an individual if—
(a)the individual is charged with an offence,
(b)either—
(i)the individual is acquitted of the charge [F1 by reason of the special defence set out in section 51A of the 1995 Act ], or
(ii)the court makes a finding under section 55(2) of the 1995 Act in respect of the individual, and
(c)the court makes any order mentioned in section 57(2)(a) to (d) of the 1995 Act in relation to the acquittal or finding.
(4)An individual to whom this subsection applies is to be treated, for the purposes of sections 7, 17 and 24, as having been convicted of the offence.
Textual Amendments
F1Words in s. 32(3)(b)(i) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 84; S.S.I. 2012/160, art. 3, Sch.
Commencement Information
I1S. 32(1)(3)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I2S. 32(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I3S. 32(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)