Criminal Justice and Immigration Act 2008

Sexual Offences Act 2003 (c. 42) U.K.

53 U.K. The Sexual Offences Act 2003 has effect subject to the following amendments.

Commencement Information

I1 Sch. 26 para. 53 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(r)

Valid from 31/10/2009

54 (1) In section 83(6)(a) (notification requirements: initial notification) after “court” insert “ or kept in service custody ”. U.K.

(2) This paragraph extends to England and Wales and Northern Ireland only.

Valid from 31/10/2009

55 (1) In section 85(4)(a) (notification requirements: periodic notification) after “court” insert “ or kept in service custody ”. U.K.

(2) This paragraph extends to England and Wales and Northern Ireland only.

56 (1) Section 133 (interpretation) is amended as follows. U.K.

(2) In subsection (1)—

(a) in paragraph (a) of the definition of “cautioned”, for “by a police officer” substitute “ (or, in Northern Ireland, cautioned by a police officer) ”;

(b) at the appropriate place insert—

““kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));”.

(3) After subsection (2) insert—

“(3) In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006, “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).”

(4) This paragraph extends to England and Wales and Northern Ireland only.

Commencement Information

I2 Sch. 26 para. 56(1)(2)(a)(4) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(r)

57 (1) In section 138 (orders and regulations), at the end insert— U.K.

“(4) Orders or regulations made by the Secretary of State under this Act may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.”

(2) The amendment made by sub-paragraph (1), and the repeals in Part 4 of Schedule 28 of sections 86(4) and 87(6) of the Sexual Offences Act 2003 (which are consequential on that amendment), extend to England and Wales and Northern Ireland only.

Commencement Information

I3 Sch. 26 para. 57 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(r)

Valid from 26/01/2009

58 (1) Schedule 3 (sexual offences in respect of which offender becomes subject to notification requirements) is amended as follows. U.K.

(2) After paragraph 35 insert—

“35A An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

(a) was 18 or over, and

(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.”

(3) After paragraph 92 insert—

“92A An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

(a) was 18 or over, and

(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.”

(4) In paragraphs 93(1) and 93A(1) (service offences) for “35” substitute “ 35A ”.

(5) This paragraph extends to England and Wales and Northern Ireland only.