Modifications etc. (not altering text)
C1Sch. 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))
C2Sch. 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)
94U.K.A reference in a preceding paragraph to an offence includes—
(a)a reference to an attempt, conspiracy or incitement to commit that offence, and
(b)except in paragraphs 36 to 43, a reference to aiding, abetting, counselling or procuring the commission of that offence.
[F194AU.K.A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.]
Textual Amendments
F1Sch. 3 para. 94A inserted (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(2), 94, Sch. 6 para. 63(2) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
95U.K.A reference in a preceding paragraph to a person’s age is—
(a)in the case of an indecent photograph, a reference to the person’s age when the photograph was taken;
(b)in any other case, a reference to his age at the time of the offence.
96U.K.In this Schedule “community sentence” has—
(a)in relation to England and Wales, the same meaning as in [F2the Sentencing Code], and
(b)in relation to Northern Ireland, the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
Textual Amendments
F2Words in Sch. 3 para. 96(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 216 (with Sch. 27); S.I. 2020/1236, reg. 2
97U.K.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) [F3and (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.
Textual Amendments
F3Words 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.
98U.K.A determination under paragraph 60 constitutes part of a person’s sentence, within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal or review.