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Sexual Offences Act 2003, Section 131 is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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This Part applies to—
(a)a period of detention which a person is liable to serve under a detention and training order [F1(including an order under section 211 of the Armed Forces Act 2006)], or a secure training order,
(b)a period for which a person is ordered to be detained in residential accommodation under section 44(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46),
(c)a period of training in a training school, or of custody in a remand centre, which a person is liable to undergo or serve by virtue of an order under section 74(1)(a) or (e) of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)),
(d)a period for which a person is ordered to be detained in a juvenile justice centre under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),
(e)a period for which a person is ordered to be kept in secure accommodation under Article 44A of the Order referred to in paragraph (d),
(f)a sentence of detention in a young offender institution, a young offenders institution or a young offenders centre,
(g)a sentence under a custodial order within the meaning of section 71AA of, or paragraph 10(1) of Schedule 5A to, the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 43AA of, or paragraph 10(1) of Schedule 4A to, the Naval Discipline Act 1957 (c. 53),
(h)a sentence of detention under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), [F2section 250 [F3, 252A] or 259 of the Sentencing Code,] [F4section 209 or 218 of the Armed Forces Act 2006,] section [F5205ZC(5) or] 208 of the Criminal Procedure (Scotland) Act 1995 or Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998,
(i)a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) [F6or section 272 or 275 of the Sentencing Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006)],
(j)a sentence of detention, or custody for life, under section 71A of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 43A of the Naval Discipline Act 1957 (c. 53),
[F7(k)a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 [F8(including one passed as a result of section 221 of the Armed Forces Act 2006)],
(l)an extended sentence under section [F9226B or] 228 of [F10the Criminal Justice Act 2003 [F11or section 254 of the Sentencing Code] (including one passed as a result of section [F12221A or] 222 of the Armed Forces Act 2006)],]
[F13(m)a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008,]
[F14(n)a sentence of detention under Article 15A(5) of the Criminal Justice (Northern Ireland) Order 2008]
as it applies to an equivalent sentence of imprisonment; and references in this Part to prison or imprisonment are to be interpreted accordingly.
Textual Amendments
F1Words in s. 131(a) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 208(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F2Words in s. 131(h) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 210(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F3Word in s. 131(h) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 20
F4Words in s. 131(h) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 208(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F5Words in s. 131(h) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 57
F6Words in s. 131(i) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 210(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F7S. 131(k)(l) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 143; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(39) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))
F8Words in s. 131(k) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 208(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F9Words in s. 131(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 19; S.I. 2012/2906, art. 2(s)
F10Words in s. 131(l) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 208(5); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F11Words in s. 131(l) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 210(c) (with Sch. 27); S.I. 2020/1236, reg. 2
F12Words in s. 131(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 20; S.I. 2012/2906, art. 2(t)
F13S. 131(m) added (N.I.) (15.5.2008) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), art. 1, Sch. 5 para. 10(2); S.R. 2008/217, art. 2, Sch. para. 18(e) (subject to art. 3)
F14S. 131(n) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 70
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