I16 Interpretation etc.

1

In this Act—

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

  • F13...

  • “picture” includes a likeness however produced;

  • F5“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 M1Broadcasting Act 1990; and

  • F13...

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F151A

Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, F11 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.

C1F12A

For the purposes of this Act, where it is alleged or there is an F7accusation—

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 F9(h)F9(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 F10(h)F10(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 F2, other than F12an offence under section 42 of the Armed Forces Act 2006, if—

a

an information is laidF8, 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 F16commits himF16sends 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 F3subsection (2A) and in section 3 to an accusation alleging an offence shall be construed accordingly.

C2F43A

For the purposes of this Act, a person is accused of F14an 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.