Page:Sexual Offences Act 2003.pdf/48

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42
Sexual Offences Act 2003 (c. 42)
Part 1—Sexual Offences

(9) “Vagina” includes vulva.

(10) In relation to an animal, references to the vagina or anus include references to any similar part.

Part 2
Notification and orders

Notification requirements

80 Persons becoming subject to notification requirements

(1) A person is subject to the notification requirements of this Part for the period set out in section 82 (“the notification period”) if—

(a) he is convicted of an offence listed in Schedule 3;
(b) he is found not guilty of such an offence by reason of insanity;
(c) he is found to be under a disability and to have done the act charged against him in respect of such an offence; or
(d) in England and Wales or Northern Ireland, he is cautioned in respect of such an offence.

(2) A person for the time being subject to the notification requirements of this Part is referred to in this Part as a “relevant offender”.

81 Persons formerly subject to Part 1 of the Sex Offenders Act 1997

(1) A person is, from the commencement of this Part until the end of the notification period, subject to the notification requirements of this Part if, before the commencement of this Part—

(a) he was convicted of an offence listed in Schedule 3;
(b) he was found not guilty of such an offence by reason of insanity;
(c) he was found to be under a disability and to have done the act charged against him in respect of such an offence; or
(d) in England and Wales or Northern Ireland, he was cautioned in respect of such an offence.

(2) Subsection (1) does not apply if the notification period ended before the commencement of this Part.

(3) Subsection (1)(a) does not apply to a conviction before 1st September 1997 unless, at the beginning of that day, the person—

(a) had not been dealt with in respect of the offence;
(b) was serving a sentence of imprisonment or a term of service detention, or was subject to a community order, in respect of the offence;
(c) was subject to supervision, having been released from prison after serving the whole or part of a sentence of imprisonment in respect of the offence; or
(d) was detained in a hospital or was subject to a guardianship order, following the conviction.

(4) Paragraphs (b) and (c) of subsection (1) do not apply to a finding made before 1st September 1997 unless, at the beginning of that day, the person—

(a) had not been dealt with in respect of the finding; or