Paragraph 92V F1 F2

United Kingdom

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

An offence under Article 71 of that Order (voyeurism) 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—

(i)

the victim was under 18, or

(ii)

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

(aa)

sentenced to a term of imprisonment,

(bb)

detained in a hospital, or

(cc)

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

Annotations

F1: Sch. 3 paras. 92A-92V inserted "after paragraph 92" (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 13; S.R. 2008/510, art. 2
F2: Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), {Sch. 21para. 62(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)