Part 13Miscellaneous
Assessing etc. risks posed by sexual or violent offenders
I1327Section 325: interpretation
1
For the purposes of section 325, a person is a relevant sexual or violent offender if he falls within one or more of F3subsections (2) to (4).
2
A person falls within this subsection if he is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42).
3
A person falls within this subsection if—
a
he is convicted by a court in England or Wales of murder or an offence specified in Schedule 15 F4or in subsection (4A) below, and
b
one of the following sentences is imposed on him in respect of the conviction—
i
a sentence of imprisonment for a term of 12 months or more,
ii
a sentence of detention in a young offender institution for a term of 12 months or more,
iii
a sentence of detention during Her Majesty’s pleasure,
iv
a sentence of detention for public protection under section 226,
v
a sentence of detention for a period of 12 months or more under section 91 of the Sentencing Act (offenders under 18 convicted of certain serious offences),
vi
a sentence of detention under section F1226B or 228,
vii
a detention and training order for a term of 12 months or more, or
viii
a hospital or guardianship order within the meaning of the Mental Health Act 1983 (c. 20).
4
A person falls within this subsection if—
a
he is found not guilty by a court in England and Wales of murder or an offence specified in Schedule 15 F5or in subsection (4A) below by reason of insanity or to be under a disability and to have done the act charged against him in respect of such an offence, and
b
one of the following orders is made in respect of the act charged against him as the offence—
i
an order that he be admitted to hospital, or
ii
a guardianship order within the meaning of the Mental Health Act 1983.
F24A
The offences specified in this subsection are—
a
an offence under section 1 of the Child Abduction Act 1984 (abduction of child by parent);
b
an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (trafficking people for exploitation), where the offence is committed against a child;
c
an offence under section 4(3) of the Misuse of Drugs Act 1971 where the offence is committed by—
i
supplying or offering to supply a Class A drug to a child,
ii
being concerned in the supplying of such a drug to a child, or
iii
being concerned in the making to a child of an offer to supply such a drug;
d
an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this subsection;
e
an offence of conspiring to commit an offence so specified;
f
an offence of attempting to commit an offence so specified.
F65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In this sectionF7—
"child" means a person under 18;
“court” does not include a service court, as defined by section 305(1).