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PART 2 SSexual harm

CHAPTER 4SSexual risk orders

EnforcementS

35Application of notification requirements on breach of orderS

(1)This section applies to a person who—

(a)is convicted of an offence under section 34,

(b)is acquitted of such an offence by reason of the special defence set out in section 51A of the 1995 Act, or

(c)is found, in respect of such an offence, to be unfit for trial under section 53F of the 1995 Act and the court determines that the person has done the act or made the omission constituting the offence.

(2)Where the person—

(a)was a relevant offender immediately before this section applied to the person, and

(b)would (apart from this subsection) cease to be subject to the notification requirements of Part 2 of the 2003 Act while the relevant order has effect,

the person remains subject to those notification requirements while the relevant order has effect.

(3)Where the person was not a relevant offender immediately before this section applied to the person—

(a)the person, by virtue of this section, becomes subject to the notification requirements of Part 2 of the 2003 Act from the time this section first applies to the person and remains so subject until the relevant order ceases to have effect, and

(b)that Part of that Act applies to the person subject to the modification set out in subsection (4).

(4)The “relevant date” is the date on which this section first applies to the person.

(5)In this section—

Commencement Information

I1S. 35 in force at 31.3.2023 by S.S.I. 2023/51, reg. 2 (with reg. 3)