PART 2Prevention orders

Offences and supplementary provision

I134Interpretation of Part 2

1

In this Part—

  • “adult magistrates court” means a magistrates' court that is not a youth court;

  • “cautioned” means cautioned after the person concerned has admitted the offence;

  • “interim slavery and trafficking prevention order” means an order made under section 21 (except in section 30(1)(f));

  • “interim slavery and trafficking risk order” means an order made under section 28;

  • “slavery or human trafficking offence” means an offence listed in Schedule 1;

  • “slavery and trafficking prevention order” means an order made under section 14 or 15 (except in section 30(1)(e));

  • “slavery and trafficking risk order” means an order made under section 23.

2

In this Part “passport” means—

a

a United Kingdom passport within the meaning of the Immigration Act 1971;

b

a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

c

a document that can be used (in some or all circumstances) instead of a passport.

3

In this Part a reference to a conviction includes a conviction for an offence in respect of which an order for conditional discharge is made, despite—

a

F1section 82(2) of the Sentencing Code (conviction with conditional discharge deemed not to be a conviction);

b

article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (equivalent provision for Northern Ireland).

4

Subsection (3) applies only to convictions after this Part comes into force.

5

In this Part a reference to a conviction includes a finding of a court in summary proceedings that the accused did the act charged, where the court makes an order under—

a

section 37(3) of the Mental Health Act 1983,

b

section 58(3) of the Criminal Procedure (Scotland) Act 1995, or

c

article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)),

(hospital and guardianship orders).

6

In relation to an offence under the law of Scotland, a reference in this Part to a person being found not guilty by reason of insanity is to be treated as a reference to a person being acquitted by reason of the special defence in section 51A of the Criminal Procedure (Scotland) Act 1995.

7

In this Part, a reference to a finding that a person is under a disability and has done the act charged against the person in respect of an offence includes a finding that a person is insane or unfit to be tried and has done the act charged against the person in respect of an offence.

8

Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Part.

9

A person's age is to be treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.