Section 196 Notification requirements for child cruelty offenders: interpretationI1

England and Wales

(1)

In section 193 (2), a reference to a conviction includes a reference to a finding of a magistrates’ court, where the court makes an order under section 37(3) of the Mental Health Act 1983, that the accused did the act charged.

(2)

The following provisions do not apply for the purposes of section 193 (2)—

(a)

section 82(2) of the Sentencing Code, and

(b)

section 187(1) of the Armed Forces Act 2006,

(conviction with absolute or conditional discharge deemed not to be a conviction).

(3)

A reference in Schedule 24 to an offence (“offence A”) includes—

(a)

an attempt or conspiracy to commit offence A;

(b)

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which offence A is the offence (or one of the offences) which the person believed would be committed;

(c)

aiding, abetting, counselling or procuring the commission of offence A.

(4)

References in Schedule 24 to a person’s age are to the person’s age at the time of the offence.

(5)

References in Schedule 24 to imprisonment include—

(a)

a period of detention which a person is liable to serve under a detention and training order;

(b)

a sentence of detention in a young offender institution;

(c)

a sentence of detention under section 250 of the Sentencing Code or section 209 of the Armed Forces Act 2006;

(d)

a sentence of custody for life under section 272 of the Sentencing Code (including one passed as a result of section 210A of the Armed Forces Act 2006);

(e)

an extended sentence under section 254 of the Sentencing Code (including one passed as a result of section 221A of the Armed Forces Act 2006).

Annotations

Commencement

I1: S. 196 in force at Royal Assent, see s. 255(2)(g)