327Section 325: interpretationE+W
(1)For the purposes of section 325, a person is a relevant sexual or violent offender if he falls within one or more of [F1subsections (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 [F2or 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 [F3the Powers of Criminal Courts (Sentencing) Act 2000 or under section 250 [F4or 252A] of the Sentencing Code] (offenders under 18 convicted of certain serious offences),
(vi)a sentence of detention under section [F5226B or] 228 [F6or under section 254 of the Sentencing Code],
(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 [F7or 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.
[F8(4A)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.]
F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this section[F10—
"child" means a person under 18;]
“court” does not include a service court, as defined by section 305(1).
Textual Amendments
F1Words in s. 327(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 83(2), 115(3)(j)
F2Words in s. 327(3)(a) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 83(3), 115(3)(j)
F3Words in s. 327(3)(b)(v) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 244(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F4Words in s. 327(3)(b)(v) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 21(9)
F5Words in s. 327(3)(b)(vi) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 29; S.I. 2012/2906, art. 2(s)
F6Words in s. 327(3)(b)(vi) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 244(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F7Words in s. 327(4)(a) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 83(4), 115(3)(j)
F8S. 327(4A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 83(5), 115(3)(j)
F9S. 327(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 83(6), 115(3)(j)
F10Words in s. 327(6) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 83(7), 115(3)(j)
Commencement Information
I1S. 327 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))