Criminal Law Code as at 1st March 2007 6. In section 146 (“Essentials of indictment, summons or charge”) by the insertion of the following subsections after subsection (3): “(4) Where a person is charged with a crime listed in the first column of the Second Schedule to the Criminal Law Code, it shall be sufficient to charge him or her with that crime by its name only. (5) No indictment, summons or charge alleging the commission of a crime mentioned in subsection (4) shall be held to be defective on account of a failure to mention the section of the Criminal Law Code under which the crime is set forth.”. 7. By the repeal of sections 207 to 224 and the substitution of— “207 Conviction for part of crime charged For the avoidance of doubt it is declared that where a court finds that part but not all of the facts of an offence charged have been proved, it shall nevertheless convict the accused of that offence if the facts that are proved disclose all the essential elements of that offence.”.” 8. By the insertion after section 302 of the following section— “302A Testing of persons accused of sexual offences for HIV infection (1) In this section— “accused person” means a person accused of committing a sexual offence; “designated person” means a member of a class of persons designated for the purposes of this section by the Minister responsible for health by notice in a statutory instrument; “sexual offence” means— (a) rape; or (b) aggravated indecent assault; or (c) sexual intercourse or performing an indecent act with a young person, involving any penetration of any part of his or her or another person’s body that incurs a risk of transmission of HIV; or (d) deliberate transmission of HIV; or (e) an attempt to commit an offence specified in paragraph (a), (b), (c) or (d). (2) For the purposes of section 80 of the Criminal Law Code (“Sentence for certain crimes where accused is infected with HIV”), and without derogation from any other law, when an accused person is first brought before a court for remand on a charge of committing a sexual offence, or at any later stage, the court shall direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court may direct, for the purpose of ascertaining whether or not he or she is infected with HIV. (3) Where a court has given a direction under subsection (2), any medical practitioner or designated person shall, if so requested in writing by a police officer - 166 -