328. Qualifying offenders.

For the purposes of the power to make sexual harm prevention orders1 a person is a 'qualifying offender' if he2:

  1.  

    (1)     has been convicted of an applicable offence3;

  2.  

    (2)     has been found not guilty of such an offence by reason of insanity4;

  3.  

    (3)     has been found to be under a disability and to have done the act charged against him in respect of such an offence5; or

  4.  

    (4)     has been cautioned in respect of such an offence6.

A person is also a 'qualifying offender' if7, under the law in force in a country outside the United Kingdom8:

  1.  

    (a)     he has