C1Part I Powers of Courts to deal with Offenders
Supplemental
I131 Interpretation of Part I.
1
In this Part—
“attendance centre order” means an order under section 17 of the 1982 Act;
“combination order” means an order under section 11 above;
“community order” has the meaning given by section 6(4) above;
“community sentence” has the meaning given by section 6(1) above;
“curfew order” means an order under section 12 above;
“custodial sentence” means—
a
in relation to an offender of or over the age of twenty-one years, a sentence of imprisonment; and
b
in relation to an offender under that age, a sentence of detention in a young offender institution or under section 53 of the M1Children and Young Persons Act 1933 (“the 1933 Act”), or a sentence of custody for life under section 8(2) of the 1982 Act;
“mentally disordered”, in relation to any person, means suffering from a mental disorder within the meaning of the 1983 Act;
“pre-sentence report” has the meaning given by section 3(5) above;
“responsible officer” has the meaning given by section 15(3) above;
“sentence of imprisonment” does not include a committal or attachment for contempt of court;
“sexual offence” means an offence under the M2Sexual Offences Act 1956, the M3Indecency with Children Act 1960, the M4Sexual Offences Act 1967, section 54 of the M5Criminal Law Act 1977 or the M6Protection of Children Act 1978, other than—
a
an offence under section 12 or 13 of the Sexual Offences Act 1956 which would not be an offence but for section 2 of the Sexual Offences Act 1967;
b
an offence under section 30, 31 or 33 to 36 of the said Act of 1956; and
c
an offence under section 4 or 5 of the said Act of 1967;
“supervision order” means a supervision order under the 1969 Act;
“violent offence” means an offence which leads, or is intended or likely to lead, to a person’s death or to physical injury to a person, and includes an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition).
2
For the purposes of this Part, an offence is associated with another if—
a
the offender is convicted of it in the proceedings in which he is convicted of the other offence, or (although convicted of it in earlier proceedings) is sentenced for it at the same time as he is sentenced for that offence; or
b
the offender admits the commission of it in the proceedings in which he is sentenced for the other offence and requests the court to take it into consideration in sentencing him for that offence.
3
In this Part any reference, in relation to an offender convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.
Pt. I (ss. 1-31) applied (E.W.) (1.10.1997) by 1997 c. 43, ss. 28(9), 33(3)-(5); S.I. 1997/2200, art.2 (subject to savings in art. 5)
Pt. I (ss. 1-31) modified (E.W.) (1.1.1998) by 1997 c. 43, s. 35(4)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (1.1.1998) by 1997 c. 43, s. 35(7)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 61(4) (with Sch. 9 para. 4); S.I. 1998/2327, art.2(1)(n).
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 69(11); S.I. 1998/2327, art.2(1)(o)
Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1998 c. 37, s. 18(2); S.I. 1998/2327, art.2(1)(f).
Pt. I (ss. 1-31) extended (E.W.) (1.4.2000) by 1998 c. 37, ss. 73(4); S.I. 1999/3426, art. 3(a)
Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).
Pt. I (ss. 1-31) extended (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch.7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).
Pt. I (ss. 1-31) restricted (E.W.) (26.6.2000) by 1999 c. 23, s. 4(4)(a), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2(a)