Paragraph 97

United Kingdom

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

Sch. 3 para. 28A inserted by Crime and Policing Act 2026 s. 72(3)
Sch. 3 para. 92OA inserted by Crime and Policing Act 2026 s. 73(2)
Sch. 3 para. 46A inserted by Crime and Policing Act 2026 s. 74(2)
Sch. 3 para. 93A(1) word substituted by Crime and Policing Act 2026 s. 75(5)
Sch. 3 para. 59ZJA inserted by Crime and Policing Act 2026 s. 76(2)
Sch. 3 para. 35D inserted by Crime and Policing Act 2026 s. 80(2)
Sch. 3 para. 59ZM inserted by Crime and Policing Act 2026 s. 80(3)
Sch. 3 para. 92Z inserted by Crime and Policing Act 2026 s. 80(4)
Sch. 3 para. 93A(1) word substituted by Crime and Policing Act 2026 s. 80(5)
Sch. 3 para. 33AA 33AB inserted by Crime and Policing Act 2026 Sch. 13 para. 16

For the purposes of paragraphs 14, 44 and 78—

(a)

a person is to be taken to have been under 16 at any time if it appears from the evidence as a whole that he was under that age at that time;

(b)

section 7 of the Protection of Children Act 1978 (c. 37) (interpretation), subsections (2) to (2C) F1and (8) to (10) of section 52 of the Civic Government (Scotland) Act 1982 (c. 45), and Article 2(2) and (3) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each provision applies for the purposes of the Act or Order of which it forms part.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 97(b) substituted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 41(3)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.

Notes on Schedule 3

Modifications

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)