Sexual Offences (Protected Material) Act 1997
| Jurisdiction | UK Non-devolved |
| Citation | 1997 c. 39 |
| Year | 1997 |
a statement relating to that or any other sexual offence made by any victim of the offence (whether the statement is recorded in writing or in any other form) ,a photograph or pseudo-photograph of any such victim, ora report of a medical examination of the physical condition of any such victim,the charge, summons or indictment by which the proceedings are instituted names that person as a person in relation to whom that offence was committed; orthat offence can, in the prosecutor’s opinion, be reasonably regarded as having been committed in relation to that person;references to any protected material include references to any part of any such material; andreferences to a copy of any such material include references to any part of any such copy.any protected material, ora copy of any such material,so far as it refers to a defendant having in his possession any copy of any protected material, applies to a manuscript copy made by him which is not a verbatim copy of the whole of that material.(1) In this Act—
- “contracted out prison” means a contracted out prison within the meaning of Part IV of the Criminal Justice Act 1991;
- “defendant”, in relation to any proceedings for a sexual offence, means any person charged with that offence (whether or not he has been convicted) ;
- “governor”, in relation to a contracted out prison, means the director of the prison;
- “inform” means inform in writing;
- “legal representative”, in relation to a defendant, means F6 a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act) and who is acting for the defendant in connection with any proceedings for the sexual offence in question;
- “photograph” and “pseudo-photograph” shall be construed in accordance with section 7(4) and (7) of the Protection of Children Act 1978;
- “prison” means any prison, F1or young offender institution which is under the general superintendence of, or is provided by, the Secretary of State under the Prison Act 1952, including a contracted out prison;
- “proceedings” means (subject to subsection (2) ) criminal proceedings;
- “the prosecutor”, in relation to any proceedings for a sexual offence, means any person acting as prosecutor (whether an individual or a body) ;
- “relevant proceedings”, in relation to any material which has been disclosed by the prosecutor under this Act, means any proceedings for the purposes of which it has been so disclosed or any further proceedings for the sexual offence in question;
- “sexual offence” means one of the offences listed in the Schedule to this Act.
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