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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 September 2010 - onwards
Version 2 of 2

4. Amendment of section 5 of Act of 1993.

The Act of 1993 is amended by the substitution of the following section for section 5:

"Effect of certain offences on persons in respect of whom offence committed.

5.

(1) This section applies to -

(a) a sexual offence within the meaning of the Criminal Evidence Act 1992,

(b) an offence involving violence or the threat of violence to a person,

(c) an offence under the Non-Fatal Offences Against the Person Act 1997, and

(d) an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of, an offence mentioned in paragraph (a), (b) or (c).

(2)

(a) When imposing sentence on a person for an offence to which this section applies, a court shall take into account, and may, where necessary, receive evidence or submissions concerning, any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed.

(b) For the purposes of paragraph (a), a 'person in respect of whom the offence was committed' includes, where, as a result of the offence, that person has died, is ill or is otherwise incapacitated, a family member of that person.

(3)