HL Deb 04 October 2000 vol 616 cc1646-7

(" .—(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.

(3) A person falls within this subsection if—

  1. (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
  2. (b) one of the following sentences is imposed on him in respect of the conviction—
    1. (i) a sentence of imprisonment for a term of 12 months or more,
    2. (ii) a sentence of detention in a young offender institution for a term of 12 months or more,
    3. (iii) a sentence of detention during Her Majesty's pleasure,
    4. (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),
    5. (v) a detention and training order for a term of 12 months or more, or
    6. (vi) a hospital or guardianship order within the meaning of the Mental Health Act 1983.

(4) A person falls within this subsection if—

  1. (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
  2. (b) one of the following orders is made in respect of the act charged against him as the offence—
    1. (i) an order that he be admitted to hospital, or
    2. (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—