SCHEDULES
C1C2SCHEDULE 3Sexual offences for purposes of Part 2
Annotations:
Modifications etc. (not altering text)
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)
Scotland
46
An offence under section 52A of that Act (possession of indecent images of children) F1 if—
a
the child was under 16 and the offender—
i
was 18 or over, or
ii
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or
b
in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph
.
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))