Definitions

UK Legislation: Definitions

Last updated: 20240509

Defined termWhere usedDate created
“abortion” means the miscarriage of a baby by administering any substance or using any instrument or other means whatsoever with the like intent.Offences Against the Person Bill 20242024
“abusive” means that the behaviour of a person (“A”) towards another person (“B”) is “abusive” if it consists of repeated use of any combination of the following with the intention of causing physical, psychological, or emotional harm to B — violent behaviour directed towards B or their property;controlling or coercive behaviour of B;behaviour that has a substantial adverse effect on B’s ability to—acquire, use or maintain money or other property, or obtain goods or services;verbal, written or electronic communication to Bfailure or omission to provide reasonable support/assistance to B.[KY1] Offences Against the Person Bill 20242024
“approved person” means in relation to an operation falling within OaP Bill 2024 section 13 (a), a registered medical practitioner,in relation to an operation falling within OaP Bill 2024 section 13 (b), a registered medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming such a practitioner or midwife.Offences Against the Person Bill 20242024
“article or substance” means an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,an article to which section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place) applies, ora corrosive substance that can burn human skin by corrosion.Offences Against the Person Bill 20242024
“appropriate consent” means, in section xx and in relation to a child,— the consent of each of the following— The child’s mother; the child’s father, if he has  parental responsibility for him; any guardian of the child; any special guardian of the child;any person named in a child arrangements order as a person with whom the child is to live;any person who has custody of the child; or the leave of the court granted under or by virtue of any provision of Part II of the Children Act 1989; or if any person has custody of the child, the leave of the court which awarded custody to him; ora in the case of a child who is in the care of a local authoritywithin the meaning of the Children Act 1989 in England or Wales, the consent of the local authority in whose care the child.Offences Against the Person Bill 20242024
“Assault by penetration” is when a person (A) intentionally penetrates the vagina or anus of another person (B) with a part of their [dy2] body or anything else, the penetration is sexual, and B does not  give lawful consent to the penetration, and A does not reasonably believe that B  gave lawful consent. Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B  gave lawful consent.Offences Against the Person Bill 20242024
“aunt” means the sister or half-sister of a person’s parent.Offences Against the Person Bill 20242024
“child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;Offences Against the Person Bill 20242024
“cousin” means the child of an aunt or uncle.Offences Against the Person Bill 20242024
“connected with a child” means a person is connected with a child for the purposes of this Act if— he is a parent of the child; orin the case of a child whose parents were not married to each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; orhe is a guardian of the child; orhe is a special guardian of the child; orhe is a person named in a child arrangements order as a person with whom the child is to live; orhe has custody of the child.Offences Against the Person Bill 20242024
“emergency worker” has the meaning defined in Assaults on Emergency Workers (Offences) Act 2018 (c. 23), section 3.Offences Against the Person Bill 20242024
“exploitative conduct” is performed by a person (C) if— C uses force, threats (whether or not relating to violence) or any other form of coercion, orC practises any form of deception.Offences Against the Person Bill 20242024
 “Family relationship” has the meaning defined in Schedule 3.Offences Against the Person Bill 20242024
“foster parent” means a person is a child’s foster parent if he is a person with whom the child has been placed under section 22C of the Children Act 1989 in a placement falling within subsection (6) (a) or (b) of that section (placement with local authority foster parent),(he is a person with whom the child has been placed under section 59(1)(a) of that Act (placement by voluntary organisation),he is a person with whom the child has been placed under section 81 of the Social Services and Well-being (Wales) Act 2014 in a placement falling within subsection (6)(a) or (b) of that section (placement with a local authority foster parent),he fosters the child privately, within the meaning given by section 66(1)(b) of that Act.Offences Against the Person Bill 20242024
 “gain” means— any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount; orthe goodwill of any person which is or appears likely, in time, to bring financial advantage.Offences Against the Person Bill 20242024
“Girl” includes woman.Offences Against the Person Bill 20242024
“Image[dy3] ” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.  References to an image of a person include references to an image of an imaginary person.Offences Against the Person Bill 20242024
“lawful consent[dy4] ” means, for the purpose of section 4, a person consents if that person agrees by choice, and has the freedom and capacity to make that choice.  A person (B) can not be considered as giving lawful consent if either: B is under 13or any of the presumptions about consent being given specified in Schedule 5, paragraphs 10 and 12 are met.Offences Against the Person Bill 20242024
“Malicious” means an act done maliciously is one that is performed intentionally and without legal justification.Offences Against the Person Bill 20242024
“Manslaughter” is when a person causes the death of any other person and either does not intend to kill the person, or kills the person as the result of circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point of potentially losing control of their actions.Offences Against the Person Bill 20242024
“Mental disorder[dy5] ” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20).Offences Against the Person Bill 20242024
“Murder” is when a person of sound memory and of the age of discretion, causes the death of any other person with malice aforethought, either expressed by the party or implied by law. [dy6]  A death will be treated as murder even if the defendant did not wish to kill the actual victim if: person B intended serious harm to one or more persons, but an unintended other person dies as a result;the death occurs as the result of the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robberySeveral people share an intent to do serious harm, and the victim dies because of the action of any of those involved.[KY7] Offences Against the Person Bill 20242024
“nephew” means the child of a person’s brother or sister, and “niece” has a corresponding meaning.Offences Against the Person Bill 20242024
“offensive weapon” has the meaning of section 1 of the Prevention of Crime Act 1953 i.e. any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person.Offences Against the Person Bill 20242024
“parent” includes an adoptive parent.Offences Against the Person Bill 20242024
“parental responsibility”— in England Wales, has the same meaning as in the Children Act 1989;in Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995 ( S.I. 1995/755 (N.I. 2));Offences Against the Person Bill 20242024
“partner” means a person is another’s partner (whether they are of different sexes or the same sex) if they live together as partners in an enduring family relationship.Offences Against the Person Bill 20242024
“payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.Offences Against the Person Bill 20242024
“poison” (verb) is the process of maliciously administering to or causing to be administered to or taken by any other person any destructive or noxious thing, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any serious injury.Offences Against the Person Bill 20242024
“poison” (noun) is the substance given when poisoning a person.Offences Against the Person Bill 20242024
“Position of Trust” has the meaning defined in Schedule 3.Offences Against the Person Bill 20242024
“premises” includes a structure or part of a structure.Offences Against the Person Bill 20242024
 “private act” means, for the purposes of section 4, a person is doing a private act if the person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and— the person’s genitals, buttocks or breasts are exposed or covered only with underwear,the person is using a lavatory, orthe person is doing a sexual act that is not of a kind ordinarily done in public.Offences Against the Person Bill 20242024
“prostitute” means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly.Offences Against the Person Bill 20242024
“qualifying trigger” means a loss of self-control had a qualifying trigger if one of the following applies (references to “E” and “V” are to be construed in accordance with section 1): E’s loss of self-control was attributable to E’s fear of serious violence from V against E or another identified person. E’s loss of self-control was attributable to a thing or things done or said (or both) which— constituted circumstances of an extremely grave character, and caused E to have a justifiable sense of being seriously wronged. E’s loss of self-control was attributable to a combination of the matters mentioned in (a) and (b) above.Offences Against the Person Bill 20242024
“Rape” is when a person (A) intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, and B does not  give lawful consent to the penetration and A does not reasonably believe that B  gave lawful consent. Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B  gave lawful consent.Offences Against the Person Bill 20242024
“Serious injury” of a person includes, but is not limited to burning, maiming, disfiguring, disabling, asphyxiating[KY8] , wounding, poisoning and any activity that endangers the life of a person.Offences Against the Person Bill 20242024
“Sexual[dy9] ” meansthat penetration, touching or any other activity is sexual if a reasonable person would consider that— whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, orbecause of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.Offences Against the Person Bill 20242024
“Sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual.Offences Against the Person Bill 20242024
“Sexual assault” is when a person (A) intentionally touches another person (B), the touching is sexual, and B does not  give lawful consent to the touching, and A does not reasonably believe that B  gave lawful consent. Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B  gave lawful consent.Offences Against the Person Bill 20242024
“stalking” means, for the purposes of this Act, a person’s course of conduct amounts to stalking of another person if— it amounts to harassment of that person, the acts or omissions involved are ones associated with stalking, and the person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person. The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking— following a person, contacting, or attempting to contact, a person by any means,publishing any statement or other material— relating or purporting to relate to a person, or purporting to originate from a person, monitoring the use by a person of the internet, email or any other form of electronic communication, loitering in any place (whether public or private), interfering with any property in the possession of a person, watching or spying on a person.Offences Against the Person Bill 20242024
“stepbrother” and “stepsister” include the child of a parent’s partner.Offences Against the Person Bill 20242024
“step-parent” includes a parent’s partner.Offences Against the Person Bill 20242024
“structure”, as used in section 4, includes a tent, vehicle or vessel or other temporary or movable structure.Offences Against the Person Bill 20242024
“suicide pact” means a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.[dy10] Offences Against the Person Bill 20242024
“Torture” is when a person intentionally inflicts severe pain or suffering on another person.Offences Against the Person Bill 20242024
“unable to refuse” means a person lacks the capacity to choose whether to agree to engaging in the activity caused or incited (whether because he lacks sufficient understanding of the nature or reasonably foreseeable consequences of the activity, or for any other reason), or he is unable to communicate such a choice to another person.Offences Against the Person Bill 20242024
“uncle” means the brother or half-brother of a person’s parent.Offences Against the Person Bill 20242024
“United Kingdom national” is an individual who is— a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,a person who under the British Nationality Act 1981 (c. 61) is a British subject, ora British protected person within the meaning of that Act.Offences Against the Person Bill 20242024
“United Kingdom resident” is an individual who is habitually resident in the United Kingdom.Offences Against the Person Bill 20242024
“view” means to see through one’s own eyes.  The view of an activity may use technology set up and operated by the person or an accomplice, including enabling or securing the equipment’s activation by another person without that person’s knowledge, [dy11]  to create moving images of a scene either concurrently or at a later time.Offences Against the Person Bill 20242024

 [KY1]Based on Domestic Abuse Act 2021

 [dy2]Amended to reflect that a woman could commit this offence to a man.

 [dy3] [dy3]From the Sexual Offences Act, 2003, section (79)

 [dy4]New definition, bringing together several elements from the Sexual Offences Act, 2003.

 [dy5]From the Sexual Offences Act, 2003, section 79

 [dy6]New definition (from the internet, words not previously defined in an Act!)

 [KY7]Added (from USA?)

 [KY8]From OAP 1861, section 21.  The word “asphyxiate” is used as it covers all the other related terms (choke, strangle, etc).

 [dy9] [dy9]From the Sexual Offences Act, 2003, section (78)

 [dy10] [dy10]Homicide Act 1957, section 4

 [dy11]From the Sexual Offences Act, 2003, Section (68).