Paragraph 81

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

An offence under Article 123 of that Order (offences against patients) if—

(a)

where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)

in any other case, the offender, in respect of the offence or finding, is or has been—

(i)

sentenced to a term of imprisonment,

(ii)

detained in a hospital, or

(iii)

made the subject of a community sentence of at least 12 months.

Notes on Schedule 3

C1: Sch. 3 modified (28.6.2022) by 2007 c. 21, s. 28(4ZA) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(c), 208(5)(p))
C2: Sch. 3 modified (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 25(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)