Sexual Offences (Amendment) Act 1992

6 Interpretation etc. U.K.

(1) In this Act—

• “complainant” has the meaning given in section 1(2);

• [F1 [F2 “corresponding civil offence”, in relation to a service offence, means the civil offence (within the meaning of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957) the commission of which constitutes the service offence;]]

• “picture” includes a likeness however produced;

• [F3 “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings;]

• “relevant programme” means a programme included in a programme service, within the meaning of the M1 Broadcasting Act 1990; and

• [F1 [F4 “service offence” means an offence against section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957;]]

• F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (1A) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, [F7 encouragement and assistance] and aiding and abetting outside England and Wales) applies for the purposes of this Act as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to any provision of this Act.]

(2) For the purposes of this Act—

(a) where it is alleged that an offence to which this Act applies has been committed, the fact that any person has consented to an act which, on any prosecution for that offence, would fall to be proved by the prosecution, does not prevent that person from being regarded as a person against whom the alleged offence was committed; and

(b) where a person is accused of an offence of incest or buggery, the other party to the act in question shall be taken to be a person against whom the offence was committed even though he consented to that act.

[F8 (2A) For the purposes of this Act, where it is alleged or there is an [F9 accusation—

(a) that an offence of conspiracy or incitement of another to commit an offence mentioned in section 2(1)(aa) to (d) or (3)(a) to [F10 (h)][F10 (hh)] has been committed, or

(b) that an offence of aiding, abetting, counselling or procuring the commission of an offence of incitement of another to commit an offence mentioned in section 2(1)(aa) to (d) or (3)(a) to [F11 (h)][F11 (hh)] has been committed,

the] person against whom the substantive offence is alleged to have been intended to be committed shall be regarded as the person against whom the conspiracy or incitement is alleged to have been committed.

In this subsection, “the substantive offence” means the offence to which the alleged conspiracy or incitement related.]

(3) For the purposes of this Act, a person is accused of an offence [F12 , other than [F13 a service offence] [F13 an offence under section 42 of the Armed Forces Act 2006],] if—

(a) an information is laid[F14 , or (in Northern Ireland) a complaint is made,] alleging that he has committed the offence,

(b) he appears before a court charged with the offence,

(c) a court before which he is appearing [F15 commits him][F15 sends him to the Crown Court] for trial on a new charge alleging the offence, or

(d) a bill of indictment charging him with the offence is preferred before a court in which he may lawfully be indicted for the offence,

and references in [F16 subsection (2A) and in] section 3 to an accusation alleging an offence shall be construed accordingly.

[F17 (3A) For the purposes of this Act, a person is accused of [F18 a service offence if he is treated by section 75(4) of the Army Act 1955, section 75(4) of the Air Force Act 1955 or section 47A(4) of the Naval Discipline Act 1957 as charged with the offence] [F18 an offence under section 42 of the Armed Forces Act 2006 if he is charged (under Part 5 of that Act) with the offence], and references in section 3 to an accusation alleging an offence shall be construed accordingly.]

(4) Nothing in this Act affects any prohibition or restriction imposed by virtue of any other enactment upon a publication or upon matter included in a relevant programme.

Textual Amendments

F1 Words in s. 6(1) repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 127(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F2 S. 6(1): definition of “corresponding civil offence” inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. I para. 3(2)(a); S.I. 2001/3234, art. 2 (subject to saving in art. 3)

F3 Words in s. 6(1) inserted (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 12(2) (with Sch. 7); S.S.I. 2004/408, art. 3(c); S.R. 2004/467, art. 2(c); S.I. 2004/2428, art. 2(e)

F4 S. 6(1): definition of “service offence” inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. I para. 3(2)(b); S.I. 2001/3234, art. 2 (subject to saving in art. 3)

F5 Words in s. 6(1) repealed (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 12(2), Sch. 6 (with Sch. 7); S.S.I. 2004/408, art. 3(c)(e); S.R. 2004/467, art. 2(c)(e); S.I. 2004/2428, art. 2(e)(f)

F6 S. 6(1A) inserted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 127(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F7 Words in s. 6(1A) substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 383(2), Sch. 5 para. 2 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

F8 S. 6(2A) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 52(3)(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F9 Words in s. 6(2A) substituted (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 12(3) (with Sch. 7); S.S.I. 2004/408, art. 3(c); S.R. 2004/467, art. 2(c); S.I. 2004/2428, art. 2(e)

F10 Word in s. 6(2A)(a) substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247), art. 1(3), Sch. 1 para. 14(a); S.R. 2003/352, art. 2(d)

F11 Word in s. 6(2A)(b) substituted (N.I.) (28.7.2003) by The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247), art. 1(3), Sch. 1 para. 14(b); S.R. 2003/352, art. 2(d)

F12 Words in s. 6(3) inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. I para. 3(3); S.I. 2001/3234, art. 2 (subject to saving in art. 3)

F13 Words in s. 6(3) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 127(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F14 Words in s. 6(3) inserted (7.10.2004 for E.W., 7.10.2004 for S. for specified purposes, 8.11.2004 for N.I.) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 2 para. 12(4) (with Sch. 7); S.S.I. 2004/408, art. 3(c); S.R. 2004/467, art. 2(c); S.I. 2004/2428, art. 2(e)

F15 Words in s. 6(3)(c) substituted (9.5.2005 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 63; S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1

F16 Words in s. 6(3) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 52(3)(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F17 S. 6(3A) inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. I para. 3(4); S.I. 2001/3234, art. 2 (subject to saving in art. 3)

F18 Words in s. 6(3A) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 127(5); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

Modifications etc. (not altering text)

C1 S. 6(2A) modified (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 20(b) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

C2 S. 6(3A) modified (24.4.2009 for specified purposes) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 32(3)

Commencement Information

I1 S. 6 wholly in force at 1.8.1992 see s. 8(3) and S.I. 1992/1336, art. 2

Marginal Citations

M1 1990 c.42.