Sex Offenders Act 1997

5 Certificates for purposes of Part I

(1) Subsection (2) below applies where, on any date after the commencement of this Part, a person—

(a) is convicted of a sexual offence to which this Part applies;

(b) is found not guilty of such an offence by reason of insanity; or

(c) is found to be under a disability and to have done the act charged against him in respect of such an offence.

(2) If the court by or before which the person is so convicted or so found—

(a) states in open court—

(i) that on that date he has been convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged against him; and

(ii) that the offence in question is a sexual offence to which this Part applies; and

(b) certifies those facts (whether at the time or subsequently),

the certificate shall, for the purposes of this Part, be evidence or, in Scotland, sufficient evidence of those facts.

(3) Subsection (4) below applies where, on any date after the commencement of this Part, a person is in England and Wales or Northern Ireland cautioned by a constable in respect of a sexual offence to which this Part applies and which, at the time when the caution is given, he has admitted.

(4) If the constable—

(a) informs the person that he has been cautioned on that date and that the offence in question is a sexual offence to which this Part applies; and

(b) certifies those facts (whether at the time or subsequently) in such form as the Secretary of State may by order prescribe,

the certificate shall, for the purposes of this Part, be evidence of those facts.

(5) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section “court” includes a court-martial, a Standing Civilian Court and a disciplinary court ordered under the [1957 c. 53.] Naval Discipline Act 1957.