{
  "url": "https://openlegislation.uk/sexual-offences-act-2003/section-135",
  "json_url": "https://openlegislation.uk/sexual-offences-act-2003/section-135.json",
  "legislation": "ukpga/2003/42",
  "legislation_title": "Sexual Offences Act 2003",
  "legislation_url": "https://openlegislation.uk/sexual-offences-act-2003",
  "path": "section/135",
  "kind": "section",
  "number": "135",
  "heading": "Interpretation: mentally disordered offenders",
  "text": "(1) In this Part, a reference to a conviction includes a reference to a finding of a court in summary proceedings, where the court makes an order under an enactment within subsection (2), that the accused did the act charged; and similar references are to be interpreted accordingly.\n(2) The enactments are—\n(a) section 37(3) of the Mental Health Act 1983 (c. 20);\n(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46);\n(c) Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).\n(2A) In the application of this Part in relation to Scotland, a reference to a person being found not guilty of an offence by reason of insanity is to be read as a reference to a person being acquitted of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995.\n(3) In this Part, a reference to a person being or having been found to be under a disability and to have done the act charged against him in respect of an offence includes a reference to his being or having been found—\n(a) unfit to be tried for the offence;\n(b) to be insane so that his trial for the offence cannot or could not proceed; or\n(c) unfit to be tried and to have done the act charged against him in respect of the offence.\n(4) In section 133—\n(a) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and the reference to a direction under paragraph 2(1)(b) of that Schedule, include respectively—\n(i) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity) Act 1964 (c. 84); and\n(ii) a reference to a restriction order treated as made by paragraph 2(1) of that Schedule;\n(b) a reference to admission or detention under any provision of Part 6 of the Criminal Procedure (Scotland) Act 1995, and the reference to an order under section 57(2)(b) or 59 of that Act, include respectively—\n(i) a reference to admission or detention under section 174(3) or 376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and\n(ii) a reference to a restriction order made under section 178(1) or 379(1) of that Act;\n(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 135(2A) inserted (S.) (25.6.2012 with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 73; S.S.I. 2012/160, art. 3, sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 135(4)(c) repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58, 60, Sch. 10 para. 58, Sch. 11; S.I. 2005/579, art. 3(f)-(h)(i)(xi)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 135(1) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "S. 135(2)(a) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "S. 135(3) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))"
    },
    {
      "type": "C",
      "label": "C4",
      "text": "S. 135(3) applied by Criminal Justice and Public Order Act 1994 (c. 33), s. 327B(10) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140(1), 153(7); S.I. 2008/1586, art. 2, Sch. 1 para. 43 (subject to Sch. 2))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/42/section/135",
    "retrieved_at": "2026-10-29T09:17:48.870823+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}