Section 135: Interpretation: mentally disordered offenders, Sexual Offences Act 2003

In this Part, a reference to a conviction includes a reference to a finding of a court in summary proceedings, where the court makes an order under an enactment within subsection (2), that the accused did the act charged; and similar references are to be interpreted accordingly.

The enactments are—

section 37(3) of the Mental Health Act 1983 (c. 20);

section 58(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);

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

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

In this Part, a reference to a person being or having been found to be under a disability and to have done the act charged against him in respect of an offence includes a reference to his being or having been found—

unfit to be tried for the offence;

to be insane so that his trial for the offence cannot or could not proceed; or

unfit to be tried and to have done the act charged against him in respect of the offence.

In section 133—

a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and the reference to a direction under paragraph 2(1)(b) of that Schedule, include respectively—

a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity) Act 1964 (c. 84); and

a reference to a restriction order treated as made by paragraph 2(1) of that Schedule;

a reference to admission or detention under any provision of Part 6 of the Criminal Procedure (Scotland) Act 1995, and the reference to an order under section 57(2)(b) or 59 of that Act, include respectively—

a reference to admission or detention under section 174(3) or 376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and

a reference to a restriction order made under section 178(1) or 379(1) of that Act;

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Section 135: Interpretation: mentally disordered offenders

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