§ (" .—(1) For the purposes of section (Arrangements for assessing etc risks posed by certain offenders) a person is a relevant sexual or violent offender if he falls within one or more of subsections (2) to (5).
§ (2) A person falls within this subsection if he is subject to the notification requirements of Part I of the Sex Offenders Act 1997.
1647§ (3) A person falls within this subsection if—
- (a) in England and Wales he is convicted of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000), 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 a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences),
- (v) a detention and training order for a term of 12 months or more, or
- (vi) a hospital or guardianship order within the meaning of the Mental Health Act 1983.
§ (4) A person falls within this subsection if—
- (a) in England and Wales he is found not guilty of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000) 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.
§ (5) A person falls within this subsection if any of the conditions set out in sections 27(2) and (3) and 28(2) and (3) are satisfied in his case.").
§ On Question, amendment agreed to.
§
Lord Bassam of Brighton moved Amendment No. 146:
After Clause 60, insert the following new clause—